&EPA
United States
Environmental Protection
Agency
Office of Water
Regulations and Standards
Washington, DC 20460
EPA 440/568/028
September 1988
Antidegradation
Water Quality Standards
Criteria Summaries:
A Compilation
of State/Federal Criteria
Printed on Recycled Paper
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DISCLAIMER
vas prepared by Battelle under contract to
?njironm?ntal Protection Agency (Contract ISSwM^
Additional information may also be obtained from the:
Standards Branch
™7eria and st«ndards Division (WH-585)
Office of Water Regulations and Standards
U.S. Environmental Protection Agency
Washington, D.C'. 20460
202-475-7315
This document may be obtained only from the National Technical
Information Service (NTIS) at the following address:
National Technical Information Service
5285 Front Royal Road
Springfield, Virginia 22161
703-487-4650
The NTIS order number is: PB89-141600
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INTRODUCTION
r ^art^tliss--i-1=1ss
control best management practices for nonpoint source
3. Where high quality waters constitute an outstanding National resource
=£.Y^pJo'naf^a^J^ ^^^3
water quality shall be maintained and protected? "S^^ance, that
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4. In those cases where potential water quality impairment associated with
a thermal discharge is involved, the antidegradation policy and
implementing method shall be consistent with section 316 of the Act.
Existing approved antidegradation statements consistent with §131.12 may be
retained, but procedures for .implementation must be established through the
State water quality management (WQM) process. These procedures will fnable
basis vhe'h~> «- to what extent,
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REFERENCES
5 California Water Quality Standards by River Basins, ca. 1975
12 Idaho Department of Health and Welfare Rules and Regulations, Title 1
Chapter 2, -Water Quality Standards and Wastevater Treatment '
Program, Maine Revised Statutes Annotated, Title
°£ HainS D^rt~nt of Environmental Protection,
19 SlMA !?'?*
1987. '
23 Minnesota Standards for the Protection of the Quality and Purity of the
Waters of the State, Minnesota Rules Chapter 7050, 1988.
25 Missouri Water Quality Standards, 10 CSR 20-7.031, Rule of Department of
Natural Resources: Division 20 - Clean Water Commission. OI Department of
32
35 3S.°
39
43 1«3?
-1 of
for
QUaUty Standards'
Hater Quility contro1
«>ter Commtssion, Rule Change,
BBWS'S
43 Vermont Uater Quality Standards, State of Vermont Water Resource Board,
48
Tirginia
. State Water
51 Water Quality Standards for American Samoa, 1984, p. 12-16
52 Water Quality Standards for the District of Columbia, Department of
°£
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53
?*• Water Quality Standards, Guam Environmental Protection Agency,
54 Commonwealth of Northern Mariana Islands Marine and Fresh Water Quality
Standards, Commonwealth Register, Vol. 8 No. 5, 1986, p. 4460-4461.
56 Marine and Fresh Water Quality Standard Regulations, Trust Territory, 1986,
* JL**^«
57
' Depirtment
ENVIRONHENT BEPOKTER. Th« Bureau of National Affairs, Inc. Washington, D.C.
<& VA/W /
1 Pages 701:1001-1002, July 9, 1982
2 Page 706:1001, November 7, 1986
3 Page 711:10(02, February 7, 1986
4 Page 716:1002, August 30, 1985
5 Page 726:1005, March 22, 1985
7 Page 731:1001, May 14, 1982
8 Page 736:1001, March 28, 1986
10 Pages 751:0504-0505, December 27, 1985
11 Page 756:1001, September 20, 1985
13 Page 766:0505, March 28, 1986
14 Pages 771:1001, 771:1006.4 - 1007, 1013, 1016, April 10, 1979
15 Pages 776:1001-1005, February 13, 1987
16 Page 781:1002, March 27, 1987
17 Page 786:1007, November 29, 1985
18 Page 791:1002-1003, January 18, 1985
20 Page 801:1003, April 19, 1985
21 Pages 806:1003-1004, June 21, 1985
22 Pages 811:1008-1009, February 13, 1987
24 Page 821:1001, October 25, 1985
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26 Page 831:0102, February 22, 1980
27 Pages 836:1002-1003, March 27, 1987
28 Page 841:0106, June 20, 1986
29 Page 846:1006, October 5, 1984
30 Pages 851:1004-1005, April 11, 1986
31 Page 856:1001, June 11, 1982 .
33 Page 866:1003, December 27, 1985
34 Page 871:1001, December 27, 1985
36 Pages 881:1001-1002, Septcaber 26, 1986
37 Pages 886:1002, May 9, 1986
40 Pages 906:1002-1003, January 17, 1986
41 Page 911:1002, March 22, 1985
0 ' "
46 Pages 936:1001-1002, February 28, 1986
47 Pages 941:1002-1003, October 21, 1983
49 Page 951:1003, December 19, 1986
50 Pages 956:1003-1005, July 5, 1985
55 Page 896:1010, December 23, 1983
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Statt
Antidcgradation Poli<
Alahai
The purpose and intent- of the water quality standards
tf n^T^V^, VaterS °f the State of Alcana and
to protect, maintain and improve the quality thereof
wildlife fishteLdSUPPlie. f?^ the Potion of
vildlife, fish and aquatic life, and for domestic
agricultural, industrial, recreational anT o?he^
legitimate beneficial uses; and to provide for the
prevention, abatement and control of new or exiltin*
water pollution. Waters of high quality ^oca Jed
£n^?t fti0nal "d State Parks ^d o?h1r Ireas SIS
constitute an outstanding national resource shall be
maintained at such high quality.
than that established by the
sh ?f 4thVf£eCtiV€ ^te of such standards
shall be maintained at that high quality vater
provided that the Commission has the authority £
approve a nev or increased discharge of waste to a
Vater Upon demonstration that such
be
be
develoP°ents constituting a new or
mod ,°f, P°llution to high quality waters
allowed to install or operate less 'than the highest
**%<** ireatmcnt Bailable under exifting
P66 °f treatfflent for industrial
nim « ' iS S^r^ly considered to be a
minimum of secondary treatment as described in Alabama
Sistinf ? fStandar^. Where necessary to protect
existing and future beneficial uses, a higher degree
of treatment may be required.
(2) Developments constituting a new or increased
SET °f
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State
Antidegradation Policy
water quality standards established by this chapter
constitute the degree of degradation which may not be
exceeded in a water body.•
(c) Vaters with natural characteristics of higher
quality than the water quality criteria for the uses
set out in 18 AAC 70.020 must be kept at the existing
quality, except where an applicant for a permit issued
or certified under 18 AAC 15, a short-term variance
issued under 18 AAC 70.015, or a ^classification
granted under 18 AAC 70.055 shows to .the department's
satisfaction that:
1. Reducing water quality is justified because
of necessary economic or social development;
2. Reducing water quality will not harm present
or potential uses of the waters; and
3. All wastes and other substances to be
discharged will be treated using the methods
found by the department to be most effective.
(d) No person may discharge or cause the discharge of
any waste or substance into waters within the
Jurisdiction of the state without first treating and
controlling the discharge to ensure that the quality
of the receiving water does not violate the water
quality standards set by this-chapter.
(e) The department will, in its discretion, issue a
compliance order for activities or sources of waste or
substances in existence on December 19, 1982 that
cause a violation of the water quality standards set
by this chapter. The compliance order must provide a
detailed plan to bring the activity into compliance
with this section. The department will set
requirements and schedules for bringing the waste,
substance, or activity into compliance in an
expeditious manner and will consider the impact of the
violation upon the overall environmental quality of
the area, including air, land, water, 'energy, and
aesthetic uses.
Arizona""
A. Existing surface water uses and the level of water
quality necessary to protect existing uses shall be
maintained and protected. No further surface water
quality degradation which would interfere with or
become injurious to these existing uses is allowable.
B. Surface waters whose existing quality exceeds
levels necessary to support propagation of fish,
shellfish, and wildlife and recreation in and on the
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State
Aatidegradation Policy
^^^^"•••™™~™"'""— ^— "~ — —— i
pub
sssa sr--SL»2i 2
waters by the Council and included in ""
threatened or
•SIS'
1-
1 °r
only in accordance with R9-21-202.A. and
6en aChleVed Sha11 continue ^0
The highest statutory and regulatory
requirements for all new and existing poinT
sources set forth in the Act (Clea£ Water
Act as amended, 33 USC 1251 et seq.); and
Feasible management or regulatory programs
accordance with Section 208 of the Act;
cost-effective and reasonable best
Practices for """Point source
2.
3. All
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State
Antldegradation Policy
F. In those cases vhere potential water quality
impairment associated with a thermal discharge is
involved, nothing in this Section or in the
implementation of this Section shall be inconsistent
with Section 316 of the Act.
Arkj
A. Existing instream water uses and the level of water
quality necessary to protect the existing uses shall
be maintained and protected.
B. Where the quality of the waters exceeds levels
necessary to support propagation of fish, shellfish,
and wildlife and recreation in and on the water, that
quality shall be maintained and protected unless the
State finds, after full satisfaction the
intergovernmental coordination and public
participation provisions of the State's continuing
planning process, that allowing lower water quality is
necessary to accommodate important economic or social
development in the area in which the waters are
located. In allowing such degradation or lower water
quality, the State shall assure water quality adequate
to protect existing uses fully. Further the State
shall assure that (1) there shall be achieved the
highest statutory and regulatory requirements for all
new and existing point sources and, (2) that the
provisions of the Arkansas Water Quality Management
Plan be implemented with regard to nonpoint sources.
C. Where high quality waters constitute an outstanding
State or National resource such as those waters
designated as extraordinary resource waters,
ecologically sensitive or natural and scenic
waterways, those uses shall be maintained and
protected by (1) water quality controls, /(2)
maintenance of natural flow regime, (3) protection of
instream habitat, and (4) pursuit of land management
protective of the watershed. the Arkansas Soil and
Water Conservation Commission has responsibility for
the regulation of the withdrawal of water from streams
and reservoirs, and such withdrawals are not within
the jurisdiction of this regulation.
D. In those cases where potential water quality
impairment associated with a thermal discharge is
involved, the antidegradation policy and implementing
method shall be consistent with Section 316 of the Act.
California"
On October 28, 1968, the State Board adopted
Resolution No. 68-16, "Statement of Policy with
Respect to Maintaining High Quality of Waters in
California". While requiring the continued
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State
Connecticut
Antidegradation Policy
above.
(i) Antidegradation Review Required - The
antidegradation review requirements in section
3.1.8(3) are applicable to all waters designated high
quality 2 pursuant to section 3.1.8(2)(b).
(ii) Antidegradation Review Not Required - The
antidegradation review requirements in section
3.1.8X3) are not applicable to waters designated
use-protected pursuant to section 3.1.8 (2)(c). For
these waters, only the protection specified in
subsection 3.1.8(l)(a)(iii) applies.
(iii) Antidegradation Review Potentially Required - IN
addition to applying to high quality 2 waters, the
antidegradation review requirements in section
3.1.8(3) shall presumptively apply to waters with no
water quality-based designation, but which are
classified (A) cold water aquatic life class 1, or (B)
wars water aquatic life class 1 and recreation class
1. This presumption shall be overcome if, based on
available representative data, the Division determines
that the waters' existing quality is worse than that
specified in Tables I, II and III for the protection
of aquatic life class 1 and recreation class 1 uses,
with respect to one or more parameters whose quality
is likely to be adversely impacted by a proposed
activity under review.
If the presumption is overcome, then the
antidegradation review requirements shall not apply to
the proposed activity under review. The Division's
determination regarding whether a presumption has been
overcome may be appealed to the Commission. (Note:
an activity-specific determination under this
subsection does not constitute establishment -of a
water quality-based designation for the waters in
question.)
1. It is -the policy of the State to restore or
maintain the surface waters of the State to a quality
consistent with their use for the protection and
propagation of fish, shellfish and wildlife including
breeding, feeding and nursery grounds, and with their
use for recreation. In keeping with this policy, all
surface waters, will be restored to the extent possible
at least to a quality consistent with Class B or Class
SB. Such classifications are proposed throughout the
State in these standards, however, where they will not
be achieved within three years, the anticipated
condition on December 31, 1982 is also identified.
These anticipated conditions on December 31, 1982 are
the best present estimate of the results which can be
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State
Antidegradation Policy
expected to be achieved from the water
control program over a. three year period.
Delaware
pollution
«raM s e!?istinS quality better than the
established standards as of the date such standards
« their eSsSng
u °f the state <*11 not bl
!UCh' Unless ** until ^ has been
« .demonstrated to the Commissioner tha?
such change is justifiable as a result of necessary
economic .or social development and unless it vill noT
interfere with or become injurious to aiy alsigSed
Jfd? °J* ,°r Prcscntlv Possible in, such waters?
applicant for a permit for an industrial, publ?;
or private project or development which would
b^reau^/ °?f disch?^e to hi«h <^ity waters will
be required, if provided a permit, to justify the
project as described above as pari of the initial
project design and to provide a minimum level of
oerfo^ T1 t0 °r «^dl»« the ^SndiSS of
performance for new sources promulgated pursuant to
the Federal Water Pollution Control Act.
1. Delaware stream water quality shall be maintained
or enhanced so that existing beneficial uses are
protected and to allow for othe? beneficial uses?
quality of th« ^ters exceed levels
S!?Pp0rt "creation
«on VaJer' °r in the case of v^ters of
exceptional recreational or ecological significance
finds fi be all°Wed if the Apartment
finds, aftexr full satisfaction of the public
Protict?a tl0! provjsions of ^e Delaware Environmental
Protection Act, that allowing lower water quality is
S!i!?«a7 » J° uaccomaodate important economic
loHiT T i?6, area in which the waters are
located. In allowing such degradation or lower water
quality, the State shall assure water quality adequate
to protect existing uses fully. Further? the
Department shall assure that there shall be achieved
CSt ? a*utory ^ "Sulatory requirements for
easting point sources, and all
M? reasonable best management
practices for non-point sources.
u. -°f Yater ^uality in such a manner that
results in diminution of designated uses or violation
of water quality standards shall be prohibited.
4. Any person who shall apply for permit to discharge
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State
Antidegradation Policy
to the waters of the State, excepting application for
renewal without modification, must demonstrate to the
satisfaction of the Department that said discharge
will not result in violation of the receiving stream's
water quality standards and will not result in
diminution of uses. A public hearing, pursuant to 7
Del. C., Subsection 6004 and 6006, may be held to
gather public comment on any such application.
5. The hearing requirement imposed by Subsection 2.4
above, shall not be construed to impose a requirement
for an additional public hearing where such a hearing
is otherwise held pursuant to law, provided the
requirements of this section are hereby met.
Florida2
The present and future most beneficial uses of the
waters of the state have been designated by the
Department (Department of Environmental Regulation) by
means of a classification system set forth in this
Chapter pursuant to 403.061(12), F.S. Water quality
standards are established by the Department to protect
these designated uses.
Pollution which causes or contributes to new
violations of water quality standards or to
continuation of existing violations is harmful to the
waters of this, state and shall not be allowed.
The quality of the water which exceeds the minimum
quality necessary to support the designated use of
those waters shall be protected and enhanced provided,
however, the Department shall not strive to abate
natural conditions.
Because activities outside the State sometimes cause
pollution of Florida's waters, the Department will
make every reasonable effort to have such pollution
abated.
Water quality standards apply equally to and shall be
uniformly enforced in both the public and private
sector.
The Department finds that excessive nutrients (total
nitrogen and total phosphorus) constitute one of the
most severe water quality problems facing the state.
It shall be the Department policy to limit the
introduction of man-induced nutrients into waters of
the State. Particular consideration shall be given to
the protection from further nutrient enrichment of
waters which are presently high in nutrient
concentrations and sensitive to further nutrient
loadings. Also, particular consideration shall be
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State
Antidezradation Poli
Georgia
10
given to the
±=.,25=.
protection from nutrient enrichment of
Plexity of water quality management
and -the necessity to temper regulatory actionfwSh
the realities of technological progress knd the Lcial
and economic v«llbeing of peoples, urges, however,
that there be no compromise where discharges of
pollutants constitute a valid hazard to humanheal?h.
Those waters in the State whose existing quality is
better than the minimum levels established in
standards on the date standards become effectivfwiU
the B^±intd " Hhigh W11^'^* the State Saving"
the power to authorize new developments, when it has
been affirmatively demonstrated to the State that a
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Hawaii
11
Idaho
12
Waters whose quality are higher than established water
quality standards shall not be lowered in oualitv
unless it has been affirmatively demonstrated to the
that th? ChanffB is ^tifiable as f result o?
ef°nomic or social development and will not
™ ?lth °r beCOme inJ^ious to any assigned
uses made of, or presently in, those waters.
No new point source can discharge, and no existing
point source can increase its discharge? ao^ve JSf
°f the^lsti^ vastewafer treatment
« desi«nated ^ special resource
"
w^r "quality
«•« contained in
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State
Antidegradation Polic
01. Maintenance
existing
of Existing Uses for All Waters. The
instream water uses and the level of
water quality necessary to protect the existing
uses shall be maintained and protected. (6-6-88)E
02. High Quality Waters. Where the quality of the
water exceeds .levels necessary to support
propagation of fish, shellfish and wildlife and
recreation in and on the water* that quality shall
be maintained and protected unless the Department
finds, after full satisfaction of the
intergovernmental coordination and public
participation provisions of the Department'^
continuing planning process, that allowing lower
water quality is necessary to accommodate
important economic or social development in the
area in which the waters are located. In allowing
such degradation or lower water quality, the
Department shall assure water quality adequate to
protect existing uses fully. Further, the
Department shall assure that there shall be
achieved the highest statutory and regulatory
requirements for all new and existing point
sources and cost-effective and reasonable best
management practices for nonpoint source control.
In providing such assistance, the Department may
enter together into an agreement with other state
or federal agencies in accordance with sections
67-2326 through 67-2333, Idaho Code. (6-6-88)E
03. Outstanding Resource Waters. Where high quality
waters constitute an outstanding national
resource, such as waters of national and state
parks and wildlife refuges and waters of
exceptional recreational or ecological
significance, that water quality shall 'be
maintained and protected from the impacts of
nonpoint source activities. (6-6-88)E
Waters of the State may be designated as special
resource waters. Designation as a special resource
water recognizes at least one (1) of the following
characteristics:
(a) The water is of outstandingly high quality,
exceeding both the standards for primary contact
recreation and cold water biota; or
(b) The water is of unique ecological significance; or
(c) The water possesses outstanding recreational
or aesthetic qualities; or
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State
Antidegradation Poli
- 'i" * •
(d) Intensive protection of the quality of the water
Idah • paramount interest of the people of
(e) The vater is a part of the National Wild and
Scenic River. System, is within a State or
National Park or wildlife refuge and is of prime
or. major importance to that park or refuge.
(f) intensive protection of the quality of the water
is necessary to maintain an existing, but
jeopardized beneficial use.
Revisions to Designation. Those waters of the State
?! ! S t0 be sPecial resource waters are listed in
Idaho Department of Health and Welfare Rules and
- 01-2110 -P1.2160/ Modifications
_ be made only through amendment of
* ' pursuant to Section 67-5205a., Idaho
Sections 39-107(8)
on
Restrictions
affect water quality
activities which
!. Discharges to Special Waters and
Tributaries: Except as noted in Idaho
l z™h •"d W€lfare Rules «* *«*^ti°nS
Section 01.2300,07. no nev point source can discharge,
and no existing point source can increase its
discharge, above the design capacity of the existing
wastewater treatment facility to any water designated
as special resource water or to the tributary of or to
n«liu^ream
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State
Illinois
13
Antidegradatioa Policy
Waters vhose existing quality is better than the
established standards at the date of their adoptions
vill be maintained in their present high quality.
Such waters vill not be lowered in quality unless and
until it is affirmatively demonstrated that such
change will not interfere with or become injurious to
any appropriate beneficial uses made of, or presently
possible in such waters and that such change is
justifiable as a result of necessary economic or
social development.
.14
The following policies of nondegradation
applicable to all waters of the State.
are
(a) General - For an waters of the State, existing
instream beneficial uses shall be maintained and
protected. No degradation of water quality shall
be permitted which would interfere with or become
injurious to existing and potential uses.
(b) High Quality Waters - All waters whose existing
quality exceeds the standards established herein
as of February 17, 1977 shall be maintained in
their present high quality unless and until it is
affirmatively demonstrated to the Commissioner
that limited degradation of such waters is
justifiable, on the basis of necessary economic or
social factors and will not interfere with or
become injurious to any beneficial uses made of,
or presently possible, in such waters. In making
a final determination under this subsection, the
Commissioner shall give appropriate consideration
to public participation and intergovernmental
coordination.
(c) State Resource Waters - The following waters of
high quality,, as defined in subsection (b), which
are designated by the Board to be an outstanding
State resource shall be maintained in their
present high quality without degradation. The
Blue River in Washington, Crawford, and Harrison
Counties, from river mile 57.0 to river mile
11.5; Cedar Creek in Allen and DeKalb Counties,
from river mile 13.7 to its confluence with the
St. Joseph River; the North Fork of Wildcat Creek
in Carrol and Tippecanoe Counties, from river
mile 43.11 to river mile 4.82, the south fork of
Wildcat Creek from river mile 10.21 to river mile
0.00.
(d) Any determination made by the Commissioner in
accordance with Section 316 of the Federal Water
Pollution Control Act Amendments of 1972 (FWPCA)
concerning alternative thermal effluent
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State
Antidegradatlon Policy
hi — "• be considered *» b« consistent
the Policies enunciated in this section.
The
following policies of nondegradation
applicable to all waters of Lake Michigan (330 IAC
are
, F°r a11 Vaters of the contiguous
areas, designated beneficial uses shall be
maintained and protected.
m ' ae« of
Michigan whose existing quality exceeds th«
standards established hereiS L of Jun^S? 1971
shall be maintained in their present high quality
unless and until it is affirmatively demonstrated
to the Commissioner that limited degradation of
such waters is justifiable on th! basi! of
necessary economic or social factors and will not
hSSfSY th °5 beC°me inJ«^ous to any
beneficial uses made of, or presently possible,
unrfJUCVVateri!' In making a final ^termination
under this subsection, the Commissioner shall
give appropriate consideration to public
participation and intergovernmental coordination.
(c) Hational or State Resource Waters. All waters
of high quality, as defined in subsection (b)
ottSJE; d?iflmt?d * the Co^^sioner to be
outstanding National or State resource shall be
maintained in their present high quality without
degradation Similarly, all water's incorporated
lLn ^ Indiana Department of Natural Resources
into the Natural, Scenic and Recreational Rivers
auaii^ ShaU b?, °'aintaine« ^ their presl"
quality as well as those portions of Lake
Michigan incorporated in the Dunes National
itaJceshore .
(d)
Any determination made by the Commissioner in
accordance with Section 316 of the Federal Water
Pollution Control Act Amendments of 1972 (FWPCA>
alternativ« thermal effluent
»nVJn be ?onsidered ^ be consistent
the policies enunciated in this section.
P°licies of nondegradation are
to all waters of the Grand Calumet River
and the Indiana Harbor Ship Canal: (330 IAC 2-2)
(a) G«^ral. For all waters existing instream
beneficial uses shall be maintained and
protected. No degradation of water quality shall
be permitted which would interfere with or become
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State
Antidegradation Policy
injurious to existing uses.
(b) Higher Quality Vaters. All waters vhose existing
quality exceeds the standards established herein,
as of June 25, 1978 shall be maintained in their
present quality unless and until it is
affirmatively demonstrated to the Commissioner
that .limited degradation of such waters is
justifiable on the basis of necessary economic or
social factors and will not interfere with or
become injurious to any beneficial existing or
potential uses made of, such waters. In making a
final determination under this subsection, the
Cooaissioner shall give appropriate consideration
to public participation and intergovernmental
coordination.
(c) Any determination made by the Commissioner, in
accordance with Section 316(a) of the Federal
Water Pollution Control Act Amendments of 1972
(FVPCA), concerning alternative thermal effluent
limitations, will be considered to be consistent
with the policies enunciated in this section.
The following policies of nondegradation
applicable to all waters covered by 327 IAC 2-9.
are
1. High Quality Vaters: All waters whose existing
quality exceeds the standards established herein
as of June 25, 1978 shall be maintained in their
present high quality unless and until it is
affirmatively demonstrated to the Commissioner
that limited degradation of such waters is
justifiable on the basis of necessary economic or
social factors and will not interfere with or
become injurious to any beneficial uses made of,
or presently possible, in such waters. In making
a final determination under this subsection, the
Commissioner shall give appropriate consideration
to public participation and intergovernmental
coordination.
2. State Resource Vaters: All waters of high
quality, as defined in subdivision (1) which are
designated by the Commissioner to be an
outstanding state resources shall be maintained
in their present high quality without
degradation. Similarly, all waters incorporated
in the Indiana Dunes National Lakeshore shall
either be maintained in their present quality or
upgraded.
3. Any determination made by the Commissioner in
accordance with Section 316 of the Federal Water
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State
Antidegradation Poli
Iowa
15
.
limitations will be considered ITbe consist
vith the policies enunciated in this section
«
It is the policy of the state of Iowa that:
™~ Vater «•• ««> the level of
water necessary to protect the existing uses will
b* maintained and protected. exi5"n» use« vill
* hh quality vaters' aaned
^governmental coordination an pubic
participation provisions of the continuing
planning process, it is determined that there ?f
need to lower the chemical quality because of
necessary and justifiable economic or social
development. In allowing such degradation or
lower chemical quality the s^te shall
1.
2.
3.
4.
5.
6.
county
Bloody Run, aouth in Clayton County and
tributary to the Mississippi River.
Catfish Creek from Swiss Vallev Part -ir,
Dubuque County to its soiree. * ln
Unnamed Creek known locally as Coldwater
?rif , Vlth Tth in «^hie
tributary to the Upper Iowa River.
Delaware County
Haquoketa River.
and tributary to the
Odell Branch (aka Fountain Spring Creek)
mouth (section 10, T90N, RAW, ^Delaware
County), tributary to Elk Creek, wMch H
tributary to the Turkey River to the ves?
County. section 9' T90N, RAW, Delaware
7.
c«nv ch-dn or lakes in Dickinson
County, including West Lake Okoboji, Spirit
Sf 6> r^ J*** °koboj1' "innewashia Lake
Upper Gar Lake, and Lower Gar Lake.
-21-
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State
Antidegradation Policy
8. North Bear Creek, with mouth in Vinneshiek
County and tributary to Bear Creek, listed
as number 1 in this listing.
9. North Cedar Creek, with mouth in Clayton
County and tributary to the. Mississippi
River.
10* Sny Magil Creek, with mouth in Clayton
County and tributary to the Mississippi
- . River.
11. Turkey River, from the point where it is
joined by the Volga River in Clayton County
to Vernon Springs in Howard County.
12. Vaterloo Creek, with mouth in Allamakee
County and tributary to the Upper Iowa River.
13. Maquoketa River, from confluence with South
Pork Maquoket River (section 16, T90N, R6W,
Delaware County) to Highway 3 (north line of
section 24, T91N, R7W, Fayette County).
14. Spring Branch, mouth (section 10, T88N, R5V,
Delaware County) JCo spring source (section
35, T89N, R5V, Delaware County).
15. Little -Turkey River, Clayton-Delaware County
line to south line of section 11, T90N, R3V,
Delaware County.
16. Middle Fork Little Maquoketa River (aka
Bankston Creek), west line of section 31,
T90N, R1E to north line of section 33, T90N,
RiW, Dubuque County.
.*
17. Brush Creek, north of line of section 23,
T85N, R3E to north line of section 1, T85N,
R3E, Jackson County.
18. Dilution Lake - Jackson County.
19. Little Mill Creek, mouth (Jackson County) to
west line of section 29, T86N, R4E, Jackson
County.
20. Mill Creek (aka Big Mill Creek), from
confluence with Little Mill Creek in section
13, T86N, R43, Jackson County, to confluence
with Unnamed Creek, section 1, T86N, R3E,
Jackson County.
21. Unnamed Creek (tributary to Mill Creek),
-22-
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State
Antidegradation Policy
"^«____^_ f^mmmi^fm
mouth (section 1, T86N, R3E, Jackson County)
to west line of section 1, T86N, R3E,
Jackson County.
22, Unnamed Creek (aka South Fork Big Mill)
arlbX2sr p?pMi1^ Cfeek' from Mouth
-------
State
Antidegradation Poli<
35. Bear Creek, mouth. (Fayette County) to west
line of section 6, T92N, R7W, Fayette County.
36. Unnamed Creek (aka Glover's Creek), mouth to
vest line of section 15, T94N, R8W, Fayette
County.
37. Grannis Creek, mouth to vest line of section
36, T93N, R8W, Fayette County.
38. Mink Creek, mouth to vest line of section
15, T93N, R7V, Fayette County.
39. Otter Creek, mouth (Fayette County) to
confluence vith Unnamed Creek (aka Glover's
Creek) in section 22, T94N, R8W, Fayette
County.
40. Nichols Creek (aka Bigalk Creek), mouth
(section 18, T100N, R10W, Vinneshiek County)
to vest line of section 23, T100N, RllW,
Howard County.
41. Spring Creek, mouth (Mitchell County) to
north line of section 8,' T97N, R16V,
Mitchell County.
42. Turtle Creek, mouth (Mitchell County) to
east line of section 7, T99N, R17V, Mitchell
County.
43. Vapsipinicon River, from the tovn of
Mclntire to north line of section 20, T99N,
R15W, Mitchell County.
44. Bohemain Creek, mouth (Vinneshiek County) to
Hovard County Road 58 (vest line section 2,
T97N, RllW, Hovard County.)
45. Coon Creek, mouth (Vinneshiek County to road
crossing in section 13,T98N, R7V, Vinneshiek
County.
46. Smith Creek (Aka Trout River), mouth to
south line of section 33, T98N, R7V,
Vinneshiek County.
47. Unnamed Stream (aka Trout Run), mouth to
south line of section 27, T98N, R8V,
Vinnesheik County.
48. Twin Springs Creek, mouth to springs in Tvin
Springs Park Section 20, T98N, R8V,
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State
Antidegradation Poll*
Winneshiek County.
49. Cafibe Creek (aka West Canoe Creek), from
Winnesheik County Road W38 to west line of
section 8, T99N, R8W, Winneshiekd County.
It is intended that rules defining facility
design criteria, discharge limitations, and other
* »«
specific application to antidegradation
waters. West Lake Okoboji is an outstanding Iowa
«nd standards and restrictions more
* *,han those applied to «3£
antidegradation waters may be applied by the
commission to West Lake Okoboji when it is
determined through broadly based public
participation that such more stringent standards
and restrictions are justified. «.«»««as
d. The Mississippi River and the Missouri River do
not meet existing high quality waters criteria
but nevertheless constitute waters of exceptional
state and national significance. Water quality
improvement is commensurate with the exceptional
value of the resource.
** If. furt{W8ranc« °* the policy stated in 61.2(2)
.£;«»«£•** A ShaH * achieved the highest
statutory and regulatory requirements for all new
and existing poinu sources, and feasible
management and regulatory programs pursuant to
c^l ? A2°8 « °f the Federal tfater Pollution
control Act for nonpoint sources, both existing
and proposed. B
f. Water quality management regulatory actions
affecting high quality resource waters, listed
below, will be directed at water- quality
improvement commensurate with the exceptional
value of the resource and at preserving and
enhancing the physical and biological integrity
of of these waters.
1.
2.
3.
4.
DeSoto National Wildlife Refuge in Harrison
and Pottawatamie Counties.
Lake Rathbun in Appanoose County.
Union Slough National Wildlife Refuge in
Kossuth County.
Upper Iowa River form Lane's Bridge at river
mile 6 (NW 1/4 of section 31, T100N, RAW) in
Allamakee County to the Owa-Minnesota border
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State
Antidegraclation Polif
5.
6.
7.
at river mile 86 (NE 1/4 section 12, T100N,
R11V, Howard County).
Yellow River from the mouth in Allamakee
County to Old Highway 51, northeast quarter
of section 11, T96H, R6W, Allamakee County.
All B(c) surface waters designated in
61.3(5) "e" that are not included in
61.2(2)"b," the high quality waters list.
Beaver Creek, mouth (Black Hawk County,
section 34, T90N, R14W) to. County Road T47
(Butler County, section 27, T90N, R16W).
8. Boone River, mouth (Webster County, section
39, T87N, R27W) to confluence with Brewers
Creek, Hamilton County.
9. Cedar River, mouth (Louisa County, section
20, T75N, R4W) to Highway 30 (Lin County,
section 9, T82N, R6W).
10. Cedar River, Black Hawk County, section 34,
T90N, R14V, (confluence with Beaver Creek)
to Chickasaw county, Section 29, T94N, R14W
(south corporate limits, Nashua).
11. Charition River, Highway 2 (Appanoose
County, section 27, T69N, R17V) to Rathbun
Lake Dam (Appanoose County, Section 35,
T69N, R18W).
12. Chariton River, Appanoose-Wayne County line
to Highway 14 (Lucas County, section 31,
T72N, R12W).
13. Des Moines River, Parser Dam (Boone County,
section 2, T84N, R27W) to Webster county,
west line of section 15, T88N, R28W.
14. East Fork Des Moines River, mouth (Humbbldt
County, section 19, T91N, R28W) to County
Road B63 (Kossuth County, section 23, T94N,
R29W).
15. English River, mouth (Washington County,
section 11, T77N, R6W) to confluence with
South English River (Washington County,
section 6, T77N, R9W).
16. Grand River (aka Thompson River) County Road
R30 (Decatur County, section 17, T68N, R26W)
to Decatur-Ringgold County line.
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State
Antidcgradation Polic
25.
26,
17. Iowa River, mouth (Louisa County) to Louisa
County, section 35, T74N, R3W (south
corporate limit, Wapello).
18. Iowa River, confluence with Cedar River
(Louisa County, section 20, T75N, R4W) to
Johnson-Washington County line.
19. Iowa River, Highway 149 (Iowa County,
section 35, T81N, R9W) to confluence with
Asber Creek (Marshall County, section 27,
T84N, R18Y).
20. Iowa River, Marshall-Hardin County line to
Hardin County, section 20, T89N, R20W (east
corporate limit, Iowa Falls).
21. Little Sioux River, Cherokee County, section
26, T92N, R40W (highway 3, Cherokee) to Clay
County, section 17, T96N, R36W (east
corporate limit, Spencer).
22. Maquoketa River, confluence with Deep Creek
(Jackson County, section 18, T84N, R5E) to
confluence with Plum Creek (Delaware County,
section 11, T87N, R4W).
23. Middle Raccoon River, Redfield Dam (Dallas'
County, section 5, T87N, R29W) to
Guthrie-Carroll County Line.
24. North River, County Road R63 (Warren County,
section 16, T77N, R24W) to confluence with
Badger Creek (Warren County, section 33,
T77N, R25W). / '
North Pork Mawuoketa River, mouth (Jackson
County, section 13, T84N, R2E) to confluence
with White Water Creek (Jones County,
section 10, T86N, R1W).
North Skunk River, mouth (Keokuk County,
section 5, T74N, R10W) to Poweshiek-Mahaska
County line.
27. Raccoon River, Dallas-Polk county line to
Highway 286 (Carroll County, section 17,
T85N, R33W).
28. Shell Rock River, mouth (Black Hawk County,
section 4, T90N, R14W) to Butler County,
section 12, T91N, R15W (south corporate
limit, Shell Rock).
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State
Antidegradation Poli<
29. Skunk River, Henry County Road, section 3,
T71N, R7W, to confluence vith North and
South Skunk Rivers (Keokuk County, section
5, T74N, R10W).
30. South Skunk River, mouth (Keokuk County,
section 5, T74N, R10W) to Highway 21 Keokuk
County, section 34, T75N, R13W).
31. South Skunk River, Story County, S line of
section 23, T84N, R24W, to confluence with
Drainage Ditch #71 (Hamilton County, section
11, T36N, R24V).
32. Volga River, mouth (Clayton County, section
35, T92N, R4W) to Payette County, section
28, T93N, R8W (east corporate limit,
Payette).
33. Wapisipinicon River, mouth to confluence
with East Fork Wapisipinicon River (Breraer
County, section 34, T93N, R12V).
34. West Pork Cedar River, mouth (Black Hawk
County, section 9, T90N, R14W) to confluence
vith Maynes Creek (Butleir County, section 7,
T91N, R17V).
35. Clear Lake - Cerro Gordo County.
36. Elk Lake -. Clay County - section 1 and 36.
T95N, R35W.
37. Silver Lake - Worth County - section 14 and
15, T100N, R22W.
38. Tuttle Lake - Emmet Count - sections 10, 11,
and 12 T100N, R32W.
39. Virgin Lake - Palo Alto County - sections
29, 30 and 31, T96N, R34W.
40. Burr Oak Lake - Emmet County - section 21,
R33W.
41. Elm Lake - Wright County - sections 21, 22,
27 and 28, T92N, R24W.
42. Cover's Marsh - Dickinson County - section
12, T100N, R36W.
43. Silver Lake Marsh - Worth County - sections
10,11, 14 and 15, T100N, R22W.
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State
Antidegradation Polic
g.
It is the intent of the antidegradation policy to
protect and maintain the existing physical,
biological, and chemical integrity of all waters
or the state. Consistency vith Iowa's water
quality standards requires that any proposed
activity- modifying the existing physical,
biological, or chemical integrity of a water of
the state shall not adversely impact these
resource attributes, either on an individual or
cumulative basis. An adverse impact shall refer
to the loss of or irreparable damage to the
aquatic, semiaquatic or vildlife habitat or
population, or a modification to the water body
that would cause an over-all degradation to the
aquatic or wildlife population and diversity?
The fish and wildlife division of the department
and the U.S. Pish and Wildlife Service shall
serve as consultants to the department for
assessing impacts. Exceptions to the preceding
,, ^ allowed only if full mitigation is
provided by the applicant and approved by the
department.
* °f Jhe State desiS*ated as high
high quality resource waters and the
vi d Hi?SOW;i Rivers' *»y Pr°P°sed a«ivi?y
that will adversely impact the existing physical,
che-ical, or biological integrity of that water will
Stl^JiZT" Iff* Vith u°Va'S Vater quality "andards.
Mitigation will not be allowed except 'in highly
unusual situations where no other projec? alternatives
H5J£i A u ?e Cases» ful1 ""itigation must be
Segment. * applicant and approved by the
This policy shall be enforced in conjunction with
Kansas
16
° *cton
the Act, flood plain development permit review
and any other permit issued by this department. In
the event that no perait is required from this
--nJT' , f°r , the a"ivity or the activity is
•exempted from departmental permit regulation, any
action not consistent with this policy shall be
construed as a water quality standards violation.
1. Levels of water quality necessary to protect
existing and designated uses shall be maintained in
surface waters of this state.
2" i?f ufxistinS s^face water quality is better than
applicable water quality criteria established in these
regulations, water quality shall not be lowered unless
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State
Antidegradation Policy
it has been determined, in accordance vith procedures
in K.A.R. 28-16-28f(c)(3), that the change is
justified as a result of important social and economic
development.
3.(a) Existing vater quality shall not be lowered by
artificial sources in "outstanding natural resource
waters of unique significance11 listed in Table 1 of
the Kansas Vater Quality Standards.
(b) Except as provided in K.A.R. 28-16-28f(c)(3),
'no . degradation of vater quality by artificial
sources shall be allowed that would result in
harmful effects on populations of any threatened or
endangered species of aquatic life or wildlife in a
critical habitat as defined in the endangered
species act of 1973 (PL 93-205) as amended, or in
K.S.A. 32-501 through 510 and K.A.R. 23-17-1 and
K.A.R. 23-17-2.
(c) Temporary sources of pollution complying with
the provisions of K.A.R. 28-16-28c(d), and
producing only ephemeral water quality degradation
not harmful to existing and designated uses, may be
allowed.
4. Implementation of these antidegradation provisions
for thermal discharges shall be consistent with
Section 316 of the Clean Vater Act.
Kentucky
17
1. It is the purpose of these regulations to safeguard
the waters of the Commonwealth for their designated
uses, to prevent the creation of any new pollution of
the waters of the Commonwealth, and to abate any
existing pollution.
2. Vhere the quality of the waters exceed levels
necessary to support propagation of fish, shellfish,
and wildlife and recreation in and on the water, that
quality shall be maintained and protected unless the
cabinet finds, after full satisfaction of the
intergovernmental coordination and public
participation provisions of the state's continuing
planning process, that allowing lower water quality is
necessary to accommodate important economic or social
development in the area in which the waters are
located. In allowing such degradation or lower water
quality, the cabinet shall assure water quality
adequate to protect existing uses fully. The state
water quality standards and continuing planning
process designed to provide for the protection of
existing water quality and/or the upgrading or
enhancement of water quality in all waters of the
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•State
Antidegradation Polic
commonwealth shall serve as
implementation of this policy.
Louisiana
18
the method for
, imPjementatipn °f this policy shall conform to
40 Cfr 131.12 to the extent allowed by KRS 224.020.
4. Water quality shall be maintained and protected in
waters designated as outstanding resource waters.
5. In those cases where potential water quality
impairment associated with a thermal discharge is
involved, a successful demonstration conducted under
Section 316 of the Clean Water Act is considered to be
in compliance with all portions of this non-
degradation section.
It is the policy of the State that all interstate,
intrastate, and coastal waters, including any portions
thereof, whose existing quality exceeds the approved
vater quality standards or otherwise supports an
unusual abundance and diversity of fish and wildlife
resources will be maintained at their existing high
quality. Under special circumstances, the state may
choose to lower water quality in streams that exceed
the Standards to allow for necessary and justifiable
economic and/or social development, but not to the
extent of violating the established Water Quality
Standards. No such changes, however, will interfere
vi tn or become injurious to the existing water uses.
The state administrative authority will not approve
any wastewater discharge or certify any activity for
federal permit that would cause water quality or use
impairment of state or interstate waters. Waste
discharges must comply with applicable state and
federal laws for the attainment of water quality
goals. Any new, existing, or expanded point source or
nonpoint source discharging into state waters,
including any land clearing which is the subject of a
federal permit application, will be required to
provide the necessary level of waste treatment to
protect state waters as determined by - the
administrative authority. Further, there shall be
achieved the highest statutory and regulatory
requirements for all existing point sources and best
management practices (BMP's) for non point sources
pursuant to section 208 of the Clean Water Act.
Additionally, no degradation shall be allowed in high
quality waters which constitute an outstanding natural
resource, such as waters of national and state parks
and wildlife refuges, waters in the Louisiana Natural
and Scenic Rivers System, and waters of exceptional
recreational or ecological significance. Consistent
vith the provisions of the Clean Water Act, the state
-31-
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State
Antidegradation Poli<
vill keep the United States Environmental Protection
Agency (EPA) informed of its activities and vill
furnish the EPA informational reports, in such form as
to allow the EPA, to carry out its function under the
Clean Water Act. The state vill consult and cooperate
vith the 'EPA on matters that are the proper
consideration of the federal agency; the EPA vill
reciprocate in matters that are the proper
consideration of the state.
Maim
19
The antidegradation policy of the State shall be
governed by the following provisions.
1. Existing in-stream vater uses and the level of
vater quality necessary to protect those existing
uses shall be maintained and protected. As used
in this paragraph, "existing in-stream vater
uses" means significant, veil-established uses
that have actually occurred on a vater body on or
after November 28, 1975. Factual determinations
of vhat constitutes an existing in-stream vater
use on a particular vater body and the extent of
allowable impact on the existing use shall be
made on a case-by-case basis by the board.
2. Where high quality vaters of the State constitute
an outstanding national resource, that vater
quality shall be maintained and protected. For
purposes of this paragraph, the term "high
quality vaters" means those vater bodies in
national and state parks and wildlife refuges,
public reserved lands and those river segments
listed in Title 12, section 403.
3. The board may only issue a discharge license
pursuant to section 414-A or approve water
quality certification pursuant to the United
States Clean Vater Act, section 401, Public Lav
92-500, as amended, if the standards of
classification of the vater body and requirements
of this paragraph vill be met.
4. Where the actual quality of any classified vater
exceeds the minimum standards of the next highest
classification, that higher vater quality shall
be maintained and protected. The board shall
recommend to the Legislature that vater be
reclassified in the next higher classification.
5. The board may only issue a discharge license
pursuant to section 414-A or approve water
quality certification pursuant to the United
States Clean Water Act, section 401, Public Lav
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State
Antidegradation Policy
92-500, as amended, which would result in
iSS * J f •2JSng quallty of My wat« b<>dy
after making a- finding, following opportunity for
public participation, that ?he action £
SIS^17 t0 •***«" important economic or social
benefits to the State and when the action is in
conformance with subparagraph 3. That finding
must be made following procedures established by
rule of the board, 1985, c. 698, §15(new). 7
Maryland
20
K ?£ the State P°ssess existing
vhich is better than the water quality
standards established for them. The quality oflhese
waters shall be Maintained unless: ^uai"v or «»ese
i.H Department of
Health and Mental Hygiene) determines a
change is justifiable as a result of
necessary economic or social development and
(b) A change will not diminish uses made of or
presently possible, in these waters.
water0
water
oi
quality
th« ob'ective of attaining existing
all new or increased sources of
Pr°vide the de*re« of was?e
Vatcrs a
sre f vil1 discourage downgrading any
stream from a water use class with more stringent
criteria to one with less stringent criteria. S"lngent
(a) Downgrading may only be considered if:
(i) The designated use is not attainable
because of natural causes;
(ii) The designated use is not attainable
because of irretrievable man-induced
conditions; or
(iii)Substantial and widespread adverse
social and economic impacts will result
from maintaining the designated use.
(b) Before downgrading any stream, the
Department will provide public notice and
opportunity for a public hearing on the
proposed change.
for Jf.L^1? ?°eS n°] Deet the standards established
ror it shall be improved to meet the standards.
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State
Antidegradation Polic
Massachusetts
.21
Protection of Existing Uses. In all cases, from and
after the date these regulations become effective, the
quality of the surface waters of the Commonwealth
shall be maintained and protected to sustain existing
beneficial uses.
Protection of High Quality Waters. From and after the
date • these regulation become effective, waters
designated by the Division (Massachusetts Division of
Water Pollution Control) in 310 cmr 4.05(5) whose
quality is or becomes consistently higher than the
quality necessary to sustain the national goal uses
shall be maintained at that higher level of quality
unless limited degradation is authorized by the
Division. Limited degradation may be allowed by the
.Division as a variance from this regulation as
provided in 310 CMR 4.04(6).
Protection of Lov Plov Waters. Certain waters will be
designated by the Division in Regulation 5.5 of these
standards for protection under this section due to
their inability to accept pollutant discharges. New
or increased discharges of pollutants to waters so
designated are prohibited unless a variance is granted
by the Division as provided in 314 CMR 4.04(6).
Rational Resource Waters. Waters which constitute &?
outstanding national resource as determined by the.r
outstanding recreational, ecological and/or aesthetic
values shall be preserved. These waters shall be
designated for preservation by the Division in 310 CMR
5.05(5) of these standards. Waters so designated may
not be degraded and are not subject to a variance
procedure. New discharges of pollutants to such
waters are prohibited. Existing discharges shall be
eliminated unless the discharger is able to
demonstrate that:
(a) Alternative means of disposal are
reasonably available or feasible; and
not
(b) The discharge will not affect the quality of
the water as a national resource.
Control of Eutrophication. The discharge of
nutrients, primarily phosphorus or nitrogen, to
surface waters of the Commonwealth will be limited or
prohibited by the Division as necessary to prevent
excessive eutrophication of such waters. There shall
be no new or increased discharges of nutrients into
lakes and ponds, or tributaries thereto. Existing
discharges containing nutrients which encourage
-34-
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State
Antidegradation Poli
eutrophication or growth of weeds or algae shall
d^ate* Ac'ivities. which "a? "suit "
discharges of nutrients shall be conducted in
accordance with the best management practices
reasonably determined by the Division to be necessar^
to preclude or minimize such discharges of nutrients.
A variance to authori2e a discharge in
designated for protection under 310 CMR 4.04(2)
* "*
water
(a) The proposed
degradation will not result in
specified for the
(b) The adverse economic and social impacts
specifically resulting from imposition of
controls more stringent than secondary
treatment to maintain the higher water
quality are substantial and widespread in
comparison to other economic factors and are
not warranted by a comparison of the
economic, social and other benefits to the
public resulting from maintenance of the
higher quality water.
In making such evaluation, the Division will apply,
LS?rPriat?£ ***««• documents published by EPA
addition to the above, the applicant for a variance
otf r?° "„ *• discharge into waters designated for
protection under 310 CMR 4.04(3) must demonstrate that:
(c) Alternative means of disposal
reasonably available or feasible.
are not
SUch varian<* is at issue, the
;ircu^te a public notice in accordance
Procedures set forth in M.G.L. c30A s.3.
cond ShJU SJat6 that a *«i«c. is under
consideration by the Division and indicate the
6^1^10" "lative Sreto?
ble, the variance proceeding shall
nro " Part °f ^ Pendin« discharge permit
proceedings pursuant to M.G.L. c. 21, s. 43. In any
TS^? Pr°^dure' rhe burden <* Proof relative to
justifying the variance shall be on the party
requesting the variance. Any variance granted
pursuant to this regulation shall not extend beyond
the expiration date of the permit.
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State
Michigan
22
Antidegrisdation Policy
1. Rule 98 applies to waters of the state in which the
existing water quality is better then the water
quality standards prescribed by these rules or than
needed to protect existing uses.
2. These waters shall not be lowered in quality by
action of the commission (Michigan Water Resources
Commission) unless it is determined by the commission
that such lowering will not do any of the following:
(a) Become injurious to the public health,
safety, or welfare.
(b) Become injurious to domestic, commercial,
industrial, agricultural, recreational, or
other uses which are or may be made of such
waters.
(c) Become injurious to the value or utility of
riparian lands.
(d) Become injurious to livestock, wild animals,
including birds, fish, and other aquatic
animals, or plants or their growth or
propagation.
(e) Destroy or impair the value of game, fish,
and wildlife.
(f) Be unreasonable and against the public
interest in view of the existing conditions.
3. All of the following waters are designated as
protected waters;
(a) All Michigan waters of the Great Lakes,
except as these waters may be affected by
discharges to the connecting waters and
tributaries.
(b) Trout streams south of a line between Bay
City, Midland, Alma, and North Muskegon.
(c) Inland lakes.
(d) Reaches of country-scenic and wild-scenic
rivers designated under Act No. 231 of the
Public Acts of 1970, being §281.761 et seq.
of the Michigan Compiled Laws.
(e) Scenic and recreational rivers designated
under the wild and scenic rivers act of
1968, 16 U.S.C. §1721 et seq.
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State
Antidegradation Polit
t0 the re1ulren«ents of subrule (2) of
™ ,' Va'ers sP«cified in subrule (3) of this
rule shall not be lowered in quality unless after
opportunity for public hearing, it hal blS
demonstrated by the applicant to tte commission that a
s-3u?u=2;vs, s-isrss: J s
(a) Jordan river - October, 1972, natural river
pian.
nmtur«1
(c) Rogue river - July, 1973, natural river plan.
(d) White river - May, 1975, natural river plan.
" December' 1975' natural
(f) Huron river - May, 1977, natural river plan.
- Julv' 1978' natural
rivlr
(h) Plat river - October, 1979, natural river
plan.
(i) Rifle river - May, 1980, natural river plan.
(j) Kalamazoo river - June, 1981, natural river
plan.
(k) Pigeon river - June, 1982, natural river
plan.
Designated reaches of these rivers are provided in the
resources
6. Reaches of the AuSable river - November, 1984, have
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State
Antidegradation Policy
7. Michigan's water of the Great Lakes are of special
significance and are designated as outstanding state
resource waters. In addition to the protection
specified under subrules (2), (3), and (4) of this
rule, mixing zones shall not be used for nev or
increased discharges to the Great Lakes of toxic
substances, as defined by R323.1057(2)(b), which would
result . in a lowering of water quality. However, the
commission may grant a mixing zone for certain toxic
substances on a case-by-case basis, taking into
account credible scientific evidence, including
persistence and environmental fate characteristics of
the substances. Mixing zones for existing discharges
of these toxic substances to the Great Lakes and for
all discharges of these toxic substances to the
connecting waters shall be minimized.
8. Before authorizing a new or increased discharge of
wastewater directly to the Great Lakes or connecting
waters, the commission shall provide, in addition to
the public notice required by commission rules,
supplemental notice of its intent to authorize such
discharge, of its proposed determination with respect
to the applicable factors set forth in subrule (4) of
this rule, and the proposed national pollutant
discharge elimination system permit terms and
conditions, to the administrator of the United States
Environmental Protection Agency, the director of the
state or provincial water pollution control agency for
all states or provinces which border the lake or
connecting waters which receive the new or increased
discharge, the United States Pish and Wildlife
Service, and the International Joint Commission. The
commission shall allow not less than 30 days for
comments from the recipients of the supplemental
notice and shall carefully consider all comments
received in making its determination.
9. Wild rivers designated under the wild and scenic
rivers act of 1968, 16 U.S.C. §1721 et seq., rivers
flowing into, through, or out of national parks or
national lakeshores, and wilderness rivers designated
under Act No. 231 of the Public Acts of 1970, being
§281.761 et seq of the Michigan Compiled Laws shall
not be lowered in quality. Reaches of the Two Hearted
river - December, 1973, natural river plan - are
designated under Act No. 231 of the Public Acts of
1970 as a wilderness river.
Minnesota'
23
7050.0170 NATURAL WATER QUALITY. The waters of the
state may, in a state of nature, have some
characteristics or properties approaching or exceeding
the limits specified in the water quality standards.
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State
Antidegradation Poli
?haU be construed as limiting the
of pollutants of human activity from either
point or nonpoint source discharges to those of
natural origin, where such be present, so that in
total the specified limiting concentrations will not
be exceeded in the waters by reason of such
controllable additions. Where the background level of
SE-iS*™?! Ori*in:4 is reasonably definable and
normally of lower quality than the specified standard,
the natural level may be used as the standard for
controlling the addition of pollutants of hurna^
activity vhicfa are comparable in nature and
significance with those of natural origin. The
natural background level may be used instead of the
specified water quality standard as a maximum limit of
the addition of pollutants, in those instances where
the natural level is consistently of better quality
than the specified standard and reasonable
justification exists for preserving the quality to
that found in a state of nature.
In the adoption of standards for individual waters of
the state, the agency will be guided by the standards
herein but may make reasonable modifications of the
° bafiS °f evidence brought forth at a
N " ir is Showa to be ^sirable and in
the public interest to do so in order to encourage the
h£LJ"* i. Vat*rS °f the state or the lands
bordering such waters.
n NONDEGRADATION FOR OUTSTANDING RESOURCE
VALUE WATERS. Subpart 1. Policy. The agency
recognizes that the maintenance of existing high
quality in some waters of outstanding resource value
ISLnl?* ?tate 4S fssential to their function ,as
exceptional recreational, cultural, aesthetic, or
scientific resources. To preserve the value of these
special waters, the agency will prohibit or
stringently control new or expanded discharges from
eitner point or nonpoint sources to outstanding
resource value waters.
K 2; °efjnitions- *or the purposes of this
part, the following terms have the meanings given them:
A. "Outstanding resource value waters- are waters
within the Boundary Waters Canoe Area Wilderness,
Voyageurs National Park, and Department of Natural
Resources designated scientific and natural areas,
wild, scenic, and recreational river segments, Lake
Superior, the Mississippi River from Lake Itasca to
the southerly boundary of Morrison County that are
included in the Mississippi Headwaters Board
comprehensive plan dated February 12, 1981, and other
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State
Antidegradation Policy
waters of" the state with high water quality,
wilderness characteristics, unique scientific or
ecological significance, exceptional recreational
value or other special qualities which warrant
stringent protection from pollution.
B. "New discharge" means a discharge that was not in
existence on the effective date of these amendments to
chapter 7050.
C. "Expanded discharge" means a discharge that changes
in voluae, quality, location, or any other manner
after the effective date of these amendments such that
an increased loading of one or more pollutants
results. In determining whether an increased loading
of one or more pollutants would result from the
proposed change in discharge, the agency shall compare
the loading that would result from the proposed
discharge with the loading allowed by the agency at
the time these parts take effect.
Subpart 3. Prohibited discharges. No person shall
cause or allow a new or expanded discharge of any
sewage, industrial waste, or other waste to waters
within the Boundary Waters Canoe Area Wilderness,
Voyageurs National Park, or Department of Natural
Resources designated scientific and natural areas, or
to federal or state wild river segments.
7050.0185 NONDEGRADATION FOR ALL WATERS'
Subpart 1. Policy. The potential capacity of the
water to assimilate additional wastes is a valuable
public resource. It is the policy of the state of
Minnesota to protect all waters from significant
degradation from point and nohpoint sources and to
maintain existing water uses, aquatic habitats, and
the level of water quality necessary to protect these
uses.
Subpart. 2. Definitions. For the purpose of this
part, the following terms have the meanings given them:
A. "New discharge" means a discharge that was not in
existence prior to January 1, 1988.
B. "Expanded discharge" means a discharge that changes
in volume, quality, location, or any other manner
after January 1, 1988, such that an increased loading
of one or more pollutants results. In determining
whether an increased loading of one or more pollutants
would result from the proposed change in discharge,
the agency shall compare the loading that would result
from the proposed discharge with the loading allowed
by the agency on January 1, 1988.
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State
Antidegradatiop Policy
C;* "Ba!eiln<; W*1^" means the quality consistently
attained by January I, 1988. «•*««. j-y
igss"^18"^11 meanS ln existence before January 1,
E. "Economic or social development" means the
?±!Tf' 'f?!8: "?rea!i?nal opportunities, and other
new oar expanded discharge.
w Jssr 3&£:"" the neanin* *iven in >«<
G. "Significant discharge" means:
(1) a nev discharge of sevage, industrial, or other
vastes greater than 200,000 gallons per day to anv
••A * ^ ^» -fc «»y ™ter other th« a
class 7, limited resource value vater: or
li««. * discharge containing any toxic
pollutant at a .mass loading rate likely to increase
the concentration of the toxicant in the receiving
null? rv y Tffeaier ^ °ne Percent over the baseline
quality. This determination shall be made using:
(a) data collected from the receiving vater or from a
vater representative of the receiving vater;
f
(b) the entire once in ten-year, seven-day lov'flov of
7050-0210'
(c) a mass balance equation vhich treats all toxic
pollutants as conservative substances.
Subpart 3. Minimum treatment. Any person authorized
to maintain a nev or expanded discharge of sevage,
industrial vaste, or other vaste, vhether or not such
discharge is significant, shall comply vith applicable
effluent limitations and vater quality standard? of
£!«%< r^r Jandu Sha11 "•aintain all existing,
beneficial uses in the receiving vaters.
S5E2 4* Additional requirements for significant
fi^n^ ; ** u a Pers°n Pr°P°ses a nev or expanded
significant discharge from either a point or nonpoint
source, the agency shall determine vhether additional
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State
Antidegradation Policy
control measures beyond those required by subpart 3
can reasonably be taken to minimize the impact of the
discharge on the receiving water. . In making such
decision, the agency shall consider the importance of
economic and social development and impacts of the
project, the impact of the discharge on the quality of
the receiving water, the characteristics of the
receiving water, the cumulative impacts of all -new or
expanded discharges on the receiving water, the costs
of additional treatment beyond what is required of
nonsignificant dischargers, and other matters as shall
be brought to the agency's attention.
Subpart 5. Determination of significance. A person
proposing a new or expanded discharge of sewage,
industrial waste, or other wastes shall submit to the
commissioner the information required to determine
whether the discharge is significant under subpart 2.
If the discharge is sewage or industrial waste, the
flow rate used to determine significance under this
part is the design average wet weather flow for the
wettest 30-day period. For discharges of other
wastes, the flow rate to be used is the design maximum
daily flow rate. In determining the significance of a
discharge to a lake or other
water, a mixing zone may be
nonflowing receiving
established under the
guidelines of part 7050.0210, subpart 5.
Subpart 6. Baseline quality of an existing discharge
to a water of the state is eliminated or significantly
reduced, baseline quality for purposes of this part
shall be adjusted to account for the water quality
impact associated with that particular discharge.
If no data are available to determine baseline quality
or the data collected after January I, 1988, are of
better quality, then the commissioner shall authorize
the use of data collected after January 1, 1988. If
no data are available, the person proposing the
discharge may collect new data in accordance with
agency protocols.
Subpart 7. Incremental expansions. If a new or
expanded discharge is proposed in increments, the
increments must be added together to determine whether
the discharge is a significant discharge. Once the
criteria for a significant discharge are satisfied by
adding together the increments, the requirements of
this part shall apply to the discharge.
Subpart 8. Determination of reasonable control
measures for significant discharges. The person
proposing a new or expanded significant discharge of
sewage, industrial waste, or other wastes shall submit
to the commissioner information pertinent to those
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State
Antidegradatifln Policy
^ »••» «W«MMMlb
Mississippi
24
vr i SUbpart 4 for determining whether
and what additional control measures are reasonable.
The commissioner shall provide notice and an
opportunity for a public hearing in accordance with
,.!?"£? * re
-------
State
Antidegradation Policy
3. Certain waters of the State nay not fall vithin
desired or prescribed limitations as outlined. In such
instances, the Commission may authorize exceptions to
these limits, under the following conditions:
(a) The existing designated use is not
attainable because of natural background
conditions; or
(b) The existing designated use is not
attainable because of irretrievable
•ma-induced conditions; or
(c) Th® application of effluent limitations for
existing sources more stringent than those
required pursuant to Section 301(b)(2)(A)
and (B) of the Federal Water Pollution
Control Act Amendments of 1972, in order to
attain the existing designated use, would
result in substantial and widespread adverse
economic and social impact;
In no case shall it be permissible to deposit or
introduce materials into waters of the State which
will cause impairment of the reasonable, or legitimate
use of said waters.
4. In view of the fact that industry is continuing to
produce new materials whose characteristics and
effects are unknown at this time, such materials shall
be evaluated on their merits as information becomes
available to the Commission. Sources of information
shall include, but not be limited to, the latest
edition of Quality Criteria for Water, prepared by'the
Environmental Protection Agency pursuant to Section
304(a) of the Federal Water Pollution Control Act
Amendments of 1972. The use of such information
should be limited to that part applicable to the
indigenous aquatic community found in' the State of
Mississippi.
Missouri
25
Where water quality exceeds levels necessary to
protect beneficial uses, that quality shall be fully
maintained and protected. Water quality may be
lowered only if the state finds, after full
satisfaction of the intergovernmental coordination and
public participation provisions of 10 CSR 20-6.020,
that such lowered water quality is necessary to allow
important economic and social development. The state
shall assure that there shall be achieved the highest
statutory and regulatory requirements for all new and
existing point sources and all cost-effective and
reasonable best management practices for nonpoint
-------
State
Antidegradation Policy
source control before allowing any lowering of vater
quality. Such lowered water quality would only be
allowable provided that: y
1. Existing instream uses are fully maintained and
protected;
2. No public health hazard is created; and
±S "° lowered watcr quality in outstanding
ce vaters or
Montana
26
Nebraska
27
The Montana Board of Health and Environmental Sciences
snail require* '
1. That any state waters whose existing quality is
higher than the established water qualify standard!
bn, , «••• t a
been affirmatively demonstrated to the board that a
change is justifiable as a result of necessary
economic or social development and will not
preclude present and anticipated use of these
waters ; and
Any industrial, public or private project or
development which would constitute a new source of
KJ n0* ** lncrease
-------
State
Antidegradation Policy
quality which exceeds levels necessary to maintain
recreational and/or aquatic life uses. The existing
water quality of these surface waters shall be
maintained and protected. However, the State may
choose, in accordance with Neb. Rev. Stat. §81-1513
(Reissue 1981), to allow lower water quality as a
result of important economic or social development.
There .-shall be achieved the highest statutory and
regulatory requirements for all new existing point
sources and all cost effective and reasonable best
unagement practices for nonpoint source control. In
cases where potential water quality impairment
associated with a thermal discharge is involved, the
•ethod of implementation of this antidegradation
policy shall be consistent with Section 316 of the
Clean ¥ater Act of 1977, 33 U.S.C. 1251 et seq.(the
"Act").
4. In implementing this policy, the Department will
follow the procedures outlined in the State's
Continuing Planning Process.
Nevada
28
Protection of waters of higher quality; treatment of
and control over discharges constituting new or
increased sources of pollution.
1. -Any -surface waters of the state whose quality' is
higher than the .applicable standards of water
quality as of the date when those standards become
effective must be maintained in their higher
quality. No discharges of waste may be made which
will result in lowering the quality of these waters
unless it has been demonstrated to the commission
that the lower quality is justifiable because of
economic or social considerations. This subsection
does not apply to normal agricultural rotation,
improvement or farming practices.
2. Any person who plans to discharge waste from any
public or private project or development which
would constitute a new or increased source of
pollution to waters of the state whose quality is
high shall, as part of the initial design of the
project or development, provide;
(a) If the discharge will be from a point
source, the highest and best degree of waste
treatment available under the existing
technology, consistent with best practice in
the particular field under the conditions
applicable, and reasonably consistent with
the economic capability of the project or
development.
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State
Antidegradation Polic
Rev Haopshire
29
(b) If the discharge will be from a diffuse
source, such measures, methods or operation
or practices as are reasonably calculated or
designed to prevent, eliminate or reduce
water pollution from the source, under the
circumstances pertaining to the particular
place, in order to achieve control over
vater pollution which is reasonably
consistent with the economic capability of
the project or development.
3. This section does not limit a municipal sewage
Plant in,dispOSln* of its solidPsludge fn
if the sludge is properly spread and
incorporated into the soil.
The antidegradation policy of the New Hampshire Water
Supply and Pollution Control Commission's aimed at
£ualitving Th°Se TterS fich are curr«"ly of high
•S3 JL; -. ' ,in accordance with Public Law 92-500
and Federal regulation 40 CFR 130, Section 130.17(a),
SLi«?eW HanpShi!e Water **** ™d Pollution Control
Commission has adopted the following Antidegradation
1. In an cases, existing instream beneficial
vater uses will be maintained and protected.
Any actions that would become injurious to
existing uses cannot be undertaken. Waste
assimilation and transport are not
recognized beneficial uses;
2. Existing high quality waters will be
maintained at their existing high quality
unless the New Hampshire Water Supply and
Pollution Control Commission decides to
allow limited degradation where economically
or socially justified. if limited
degradation is allowed, it cannot result in
violation of water quality criteria that
describe the base levels necessary to
sustain the State and National Water Quality
f?S "I8™!? Protection and propagation of
fish, shellfish, and wildlife and recreation
in and on the water;
3. In all cases, high quality water which
constitutes an outstanding State or Natural
resource will be maintained and protected;
4. Any determinations concerning thermal
discharge limitations under section 316(a)
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State
New Jersey'
.30
Antidegradation Policy
of Public Law 92-500 vill be considered in
compliance vith the antidegradation policy.
Antidegradation policies are as follows:
1. These antidegradation policies apply to all surface
waters of the State.
•
2. Existing uses shall be maintained and protected.
Designated uses shall be maintained or, as soon as
technically and economically feasible, be attained
wherever these uses are not precluded by natural
conditions.
3. No irreversible changes may be made to existing
water quality that would impair or preclude
attainment to the designated uses of a waterway.
4. No changes shall be allowed in waters which
constitute an outstanding National or State
resource or in waters that may affect these
outstanding resource waters.
5. Where water quality exceeds levels necessary to
support the designated uses, including but not
limited to, propagation of fish, shellfish, and
wildlife and recreation in and on the water, that
. quality shall be maintained and protected unless
the Department finds, after full satisfaction of
the intergovernmental coordination and public
participation provisions of the Department's
continuing planning process as set forth in this
subchapter, that allowing lower water quality is
necessary to accommodate important economic or
social development in the area in which the waters
are located.
6. These antidegradation
follows:
policies shall be applied as
i) The quality of Nondegradation waters shall
be maintained in their natural state (set
aside for posterity) and shall not be
subject to any man-made wastewater
discharges.
ii) For Pinelands waters, the Department shall
not approve any activity which alone or in
combination with any other activities, might
cause degradation in the existing surface
water quality characteristics. This policy
shall apply as follows:
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State
2.
3.
Antidcgradation Policy
-^ _ _^_ ^_ __ m^ m^^A,
1. This policy is not intended to
, ,,, interfere vith water control in the
operation of cranberry bogs or
blueberry production.
Dischargers holding valid NJPDES
Permits as of the date of promulgation
of these regulations shall be allowed
to continue discharging under the terms
their existing NJPDES permits
provided -that the discharge is no?
"T V?ter V*1*** problems and
ttn d??i«nated us« are being
attained. If a water quality problem
has been created or the designated uses
are not being attained the NJPDES
permit shall be modified to eliminate
the water quality problem or attain the
designated uses.
Existing dischargers shall be subject
t0 a11 the Provisions of this
when they apply for
«M w °r ^P^ion of their
existing discharge.
ili}' Sv68017 *?, 1*?r» sha11 be Protected from
any measurable changes (including calculable
2Lli5dlCt:d Chanff?S) t0 the existing^?
quality. Water quality characteristics that
StJT" * V°rSe than the water ^ality
criteria, except as due to natural
S£J?°"If -h?1 be ifflProved to maintain or
provide for the designated uses where this
can be accomplished without adverse impacts
on organisms, communities or ecosystems of
concern.
For Category Two waters, water quality
characteristics that are generally better
tfian, or equal to, the water quality
standards shall be maintained within a range
of quality that shall protect the
existing/designated uses, as determined by
•J2Sr acfep5able to the Department,
relating existing/designated uses to water
qUa*ity.i* Where such studies ^e not
3K% i * Je °r are incondusive, water quality
shall be protected from changes that might
be detrimental to the attainment or the
designated uses or maintenance or the
existing uses. yater qual™*
characteristics that are generall/ worse
than the water quality criteria shall be
-49-
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State
Antidegradation Policy
improved to meet the water quality criteria.
7. Where a lower classification of water (including
the different antidegradation waters) may impinge
upon a higher classification of water the
Department shall ensure that the quality and uses
of the higher classification water are protected.
8. A -waterway or waterbody from which raw water is
transferred to another waterway or waterbody shall
be treated as a tributary to the waterway or
vaterbody receiving the transferred water.
*
9. Modifications of water quality based effluent
limitations established to implement this
antidegradation policy may be granted pursuant to
N.J.A.C. 7:9-4.8 and 4.9.
Nev Mexico
31
Degradation of waters the quality of which is better
than the stream standards established by the New
Mexico Water Quality Control Commission is not
reasonable degradation and is subject to abatement
under the authority granted the Commission by the New
Mexico Water Quality Act, as amended, unless it is
justifiable as a result of necessary economic and
social development. Existing instream water uses
shall .be maintained and protected. No degradation
shall be allowed in high quality waters of designated
national and state parks and wildlife refuges if such
degradation would impair any of the qualities which
caused designation of the parks and wildlife refuges.
To protect the existing quality of water, the
Commission under that Act will require the highest and
best degree of effluent treatment practicable. , In
those cases where potential water quality impairment
associated with a thermal discharge is involved, this
antidegradation policy shall be consistent with
Section 316 of the Federal Water Pollution Control
Act. In implementing this section, the Commission
through the appropriate regional offices of the
Federal Environmental Protection Agency will keep the
Administrator advised and provided with such
information concerning the waters of New Mexico as he
will need to discharge his responsibilities under the
Federal Clean Water Act.
Nev York
32
It is recognized that certain waters of New York State
possess an existing quality which is better than the
standards assigned thereto. The quality of these
waters will be maintained unless the following
provisions have been demonstrated to the satisfaction
of the Commissioner of Environmental Conservation:
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Statt
Antidegradation Polic
1. That allowing lover water quality is necessary to
accommodate significant economic or solial
development in the affected areas; and
2. That water quality vill be adequate to meet the
existing usage of a waterbody when allowing a
lowering of water quality. avowing a
hlgher uses or Attaining
current classification, the
SEQR process to Ssure that
outvw "!fc
quality higher than
Department will use
the
th«
mitigated and high^rar^nel^erarr^c^?"1617
In addition, the highest statutory and rezulatorv
requirements for all new point sources 75 cosT
effective and reasonable best management practices for
non-point source control shall be achieve^; 23 the
intergovernmental coordination and public
participation provisions of New YorkT continuing
planning process will be satisfied. "nuing
to
!. " u Th* antidegradation policy is
implemented through a series of general and special
laws such as Article XXV of the State Constitution
enacted in 1894 for maintaining the Forest Preserve Is
R^rf Sys" it d!5Vild; Scenic' — »SSS3oS
Law "n ll?f fA^?6? "^"f^wmmntml Conservation
17 «? rh (Article IS, Title 27); Article 17, Title
,« ,,th* Environmental Conservation Law which
specifically prohibits discharges into certain named
rs 70702V .no Discharges are allowed (6 NYCRR
ysrts 701-702); and the formation of Agricultural
Districts to preserve land for agricultural use
(Agriculture and Markets Law, Article 25-M). ?he
«™?t P°llutant Discharge Elimination System SPDES)
permit process serves the intended function of
preventing degradation. SPDES permit include
technology based and water quality based effluent
"?!? , deriV6d from the vater QualUy s
embodied in 6 NYCRR Parts 701-702. Bach
classification (AA, A, B, C, D SA SB or
described in 6 NTCRR pirts'' 7Si-7SS2 'L^specifi
standards and numerical criteria assigned thereto?
2sur« iSTti Sf th°Se criteria and standards
SS25«i -rl beSt US3ge Of each vaterbody is
protected. Those waters protected for trout spawning
-51-
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State
Antidegradation Policy
purposes require compliance with extremely high water
quality standards which prohibit degradation.
For those waters not afforded special legislative or
regulatory protection and status, the antidegradation
policy is implemented through a number of on-going
regulatory activities. These include the State
Pollutant Discharge Elimination System (SPDES) permit
process; the classification of waters, ECL 17-0301,
6N7CRR 609; and the State Environmental Quality Review
Act (SEQR), ECL, Article 8. Where waters are of a
higher quality then standards presently assigned
thereto, and a higher use of those waters is a
presently attained use, these activities provide to
protect waters against degradation as follows:
(a) SPDES - Vater quality based effluent limitations
derived for SPDES permits provide for the
protection and maintenance of attained higher
uses above those included in standards currently
assigned to waters receiving the effluent
discharge. Variations in numerical water quality
criteria that are not significant and do not
interfere with the attained higher use are
permitted.
(b) Reclassification * Where waters are determined to
have achieved higher uses than those assigned in
present classifications, they will be
reclassified (upgraded) to incorporate the
attained higher uses. The State's ongoing
monitoring, surveillance, and reclassification
activities identify those waterbodies where water
quality exceeds presently assigned criteria and
where uses attained are higher than those
provided by present classifications. Such waters
will be proposed for reclassification in the
State's triennial water quality standards review
process. For example, fish propagation waters,
class "C", could be upgraded for trout habitats
"C(T)", or trout spawning, "C(TS)".
(c) SBQR - This regulatory process introduces the
consideration of environmental factors into the
early stages of actions that are directly
undertaken, funded, or approved by State
agencies. The approval of a SPDES permit is an
action subject to SEQR. If, through the SEQR
process, it is determined that a proposed action
may have a significant effect on the environment,
then a draft Environmental Impact Statement (EIS)
is prepared to explore ways to minimize adverse
environmental effects or identify a potentially
less damaging environmental alternative. This
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State
Antidegradation Folit
could involve the imposition of more stringent or
different types of permit conditions.
North Carolina33
. North Dakota
34
.i.i * °f the Environ*«'tal Management
Commission to maintain, protect, and enhance water
quality within the State of North Carolina. Pursuit
to this policy, the Environmental Management
Commission will not approve any project or development
«t±. WS^d rM?lt4 *" the •*•»«*«« degradation of
watera whose existing quality is better than the
assign.* water quality standards, unless such
fiKJ^S?" . ^d by the conmission to be
Justifiable to provide necessary economic and social
development. In such cases, those pollution control
measures necessary to maintain high water quality will
be Quired where physically and economically
feasible. Prior to approval of any project or
development which will result in the significant
degradation of water quality, the commission will
solicit, through public notice or public hearing or
both, comments from the public and intergovernmental
agencies relative to the project or development and
anticipated water quality degradation. In cases where
the project or development requires a NPDES permit,
the Environmental Management Commission shall publish
•SAC^ffl^SSr ?*! th* S?bliC n°tlCeS require* bv 15
SfSi»? 'S ?£a)»
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State
Antidegradmtion Polic
associated or dependent upon said waters, and to
safeguard social, economical, and industrial
development associated vith this resource. The waters
of the state include those waters within the state as
defined in North Dakota Century Code section 61-01-01
and those rivers, streams, and lakes forming
boundaries between this state and other states or
Canada. All known and reasonable methods to control
and prevent pollution of the waters of this state are
required,, including improvement in water quality, when
feasible.
The portion of the statement of policy contained in
North Dakota Century Code section 61-28-01 which reads
as follows, is a part of this chapter;
It is hereby declared to be the policy of the
state of North Dakota to act in the public
interest to protect, maintain and improve the
quality of the waters in the state for continued
use as public and private water supplies,
propagation of wildlife, fish and aquatic life,
and for domestic, agricultural, industrial,
recreational and other legitimate beneficial
uses, to require necessary and reasonable
treatment of sewage, industrial, or other wastes.
.It. is the purpose of this chapter to maintain and
improve the quality of waters in the state and to
maintain and protect existing water uses. The
"quality of the waters" shall be the quality of
record existing at the time the first standards
were established in 1967, or later records if
these indicate an improved quality in certain
waters. Waters whose existing quality is higher
than the established standards will be maintained
at the higher quality unless it can be
affirmatively demonstrated that a change in
quality is justifiable to provide necessary
economic or social development and will not
adversely affect the stated beneficial uses of
the water.
Any industrial, public, or private project or
development other than municipal which
constitutes a source of pollution shall provide
the best degree of treatment as designated in the
North Dakota pollutant discharge elimination
system. Municipal wastes are required to meet
the effluent requirements as noted in subsection
3 of section 33-16-02-04. The U.S. Environmental
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State
Antidegradation Poli
Ohio
35
4 Wl11 be kept Advised and
with the information needed to perform
its responsibilities under the Federal Water
Pollution Control Act, as amended.
Existing instream vater uses as defined
Administrative Code shall be intad°and £tec?ed?
£t.rf«fervi?hter qUaiity de*«*«ion which £Sd
interfere vith or become injurious to existing
designated uses is allowable. existing
*0 support
shl . « recreation in and on the water
shall be maintained and protected. However the
Director of the Ohio Environmental Protection Agency
may, after compliance with public notice and
intergovernmental coordination retirements anTafSr
°£ SUCh technical' economic, social
rau .t ^ director shall
require that the most stringent statutory and
regulatory controls for waste treatment be empJo^ed^y
all new and existing point sources, and that feasible
aoSr or^iatory p?ograms pursu ant "« £SJ«
SliJ t ^J' 33 U'S'C- sections 1288 and
applied to nonpoint sources.
"State resource waters" are surface waters of *'h.
state that lie within national, stale and "etropoH a^
park systems, wetlands, and wildlife refuge" areaf
and preserves, and also include wild, fceAic
recreational rivers, publicly owned lakes
f. ^:' vaters vhich provide a
for identified threatened or endangered
species) as determined by the director of the Ohio
SS-'SSir irote?tlon Agency- P«se^t -b'-°
water quality in state resource waters will not be
degraded for all substances determined to be toxic or
the SJ^^ VJth '?> ^i^ted use as determined by
Sencv 111 1 the K°hi0 ^^"n^tal Protection
ef^fr^ other substances shall be limited to the
criteria associated with each designated use as
outlined in rules 3745-1-07 to 3745-l!32 o!' the
Administrative Code. Areas that do not meet genera!
vater quality standards as defined in Rules 3745-l!o7
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State
Antidegradation Policy
to 3745-1-32 of the Administrative Code shall not be
degraded as stated above for all such classified
areas.
Oklahoi
36
Oklahoma's waters constitute a valuable State resource
and shall be protected, maintained and improved for
the benefit of all citizens. The intent of the
Anti-degradation Policy is to protect all waters of
the State from degradation of water quality. Existing
beneficial uses shall be maintained and protected. No
water quality degradation which would interfere with
the attainment or maintenance of designated beneficial
uses shall be allowed.
It is recognized that certain waters of the State
possess an existing water quality which exceeds those
levels necessary to support propagation of fish,
shellfish, wildlife, and recreation in and on the
water. These high quality waters shall be maintained
and protected.
No degradation shall be allowed in waters which
constitute an outstanding resource or in waters of
exceptional recreational or ecological significance.
These include water bodies located in National and
State Parks, forests, wilderness areas, wildlife
management management areas., wildlife refuges, and
streams designated as "critical habitat" under the
Federal Endangered Species Act. These also include
steams designated Scenic River in Appendix A.
As the quality of Oklahoma waters improve, no
degradation of such improved waters shall be allowed.
When the moving yearly mean standard for a specific
parameter improves to the point where the goals listed
in Appendix C become attainable, degradation will be
prohibited by incorporating the goal as a standard.
In cases where potential water quality impairment
associated with a thermal discharge is involved, the
antidegradation policy and implementation method shall
be consistent with section 316 of Public Law 92-500 as
amended by PL 92-217.
Oregon
37
1. Existing high quality waters which exceed those
levels necessary to support propagation of fish,
shellfish and wildlife and recreation in and on the
water shall be maintained and protected, unless the
Environmental Quality Commission chooses, after full
satisfaction of the intergovernmental coordination and
public participation provisions of ' the continuing
planning process, to lower water quality for necessary
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State
Antidegradation Policy
and justifiable economic or social development The
rreh«rrr't«.°r uhi* dfsi«nee» Bay allow water quality on
a short-term basis in order to respond to emergencies
or to otherwise protect the public health and welfare'
Sr-!^ 6VentJ hovever' ""ay degradation of water quality
interfere with or become injurious to the beneficial
uses or water within surface waters of the following
fly pas * »**^ *wA
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State
Antidegradation Polic
vaters shall
standards or
uses.
not cause a violation of water quality
adversely affect legitimate beneficial
7. Logging and forest management activities shall be
conducted in accordance with the Oregon Forest
Practices Act so as to minimize adverse effects on
water quality.
8. Road, building and maintenance activities shall be
conducted in a manner so as to keep waste materials
out of public waters and minimize erosion of cut
banks, fills, and road surfaces.
9. In order to improve controls over nonpoint sources
of pollution, federal, state, and local resource
management agencies will be encouraged and assisted to
coordinate planning and implementation of programs to
regulate or control runoff, erosion, turbidity, stream
temperature, stream flow, and the withdrawal and use
of irrigation water on a basin vide approach so as to
protect the quality and beneficial uses of water and
related resources. Such programs may include, but not
be limited to, the following:
(a) Development of projects for storage and
release of suitable quality waters to
augment low stream flow;
(b) Urban runoff control to -reduce erosion;
(c) Possible modification of irrigation
practices to reduce or minimize adverse
impacts from irrigation and return flows;
(d) Stream bank erosion reduction projects;
Pennsylvania
Rhode Island3
Not specified
Discharge's Shall Not Violate Water Quality Standards -
No person shall discharge into any waters of the State
sewage or other waste which the director determines
would result in the violation of any State water
criterion assigned to the receiving waters or to down
stream waters pursuant to subsection 6.03 and 6.04 of
these regulations.
Discharges Shall Not . Further Degrade Low Quality
Vaters - No person shall discharge into any waters of
the State sewage .or other waste which the director
determines would result in the additional degradation
of any water quality criterion of the receiving waters
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State
Antidegradatlon Poli
the receiving waters or
vhlch
This subsection shall not apply
CESe Of 'discharges to
treatment, mixing zones in Class B waters
- «=
•
This subsection shall not apply to discharges
normal storm/vater drainage, nor to cooling vate
ll
all
SAm waters are those waters
SA water quality criteria but which
».».44..4 ? e to the Presence of marinas.
*« addition, the director may impose other
requirements he deems necessary to protect water
quality, the public health and welfare' and Ihe
environment, including, but not limited to-
1.
On-shore toilet and/or shower facilities;
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State
Antidegradaticn Policy
2. Prohibition of overnight
vessels in marinas;
stays aboard
3. The posting of any of these requirements.
Antidegradation and Upgrading of Water Quality
Standards - Any water uses being achieved shall be
maintained. Where existing water use classifications
specify water uses less than those which are presently
being achieved, the director shall propose to the E S
B that it upgrade the classification of the waters in
question to reflect the uses actually being attained.
Reelassification of SA waters to SAm shall not be
considered to be a downgrading of water quality
standards or loss of water use.
South Carolina
40
1. Existing water uses and the level of water quality
necessary to protect these existing uses shall be
maintained and protected regardless
classification.
of the water
(a) Buffer zones are established in SA waters
around existing point source discharges and
other existing activities when deemed
necessary by the Department (Department of
Health and Environmental Control) to
protect public health. A new or expanded
activity will not be allowed, if it would
exclude an existing shellfish harvesting use
in any class waters.
(b) Existing uses and water quality necessary to
protect these uses are presently affected or
may be affected by instream modifications or
water withdrawals. Consistent with each
riparian landowner's right to reasonable use
of water, the streamflows necessary to
protect existing uses and the water quality
supporting these uses shall be maintained.
(c) Existing or classified ground water uses and
the conditions necessary to protect those
uses shall be maintained and protected.
2. Where surface water quality exceeds levels
necessary to support propagation of fish, shellfish,
and wildlife, and recreation in and on the water, that
quality shall be maintained and protected unless the
Department finds, after intergovernmental coordination
and public participation, that allowing lower water
quality is necessary to important economic or social
development. In allowing such 'lower water quality,
water quality adequate to fully protect existing uses
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State
Antidegradation Poll*
shall be maintained. The highest statutory and
regulatory requirements for all new and existing point
sources shall be achieved and all cost-effective a£d
reasonable best management practices for nonpoint
source control shall be encouraged. nonpoint
3. The water quality of Class AA and Class SAA surface
waters ^shall be maintained and protected in as natural
as. feasible, within the Department's
a condition
statutory authority.
In order to maintain Class AA and Class SAA waters the
following restrictions apply.
(a) Activity:
industrial,
facilities
disposal.
Discharge from domestic,
or agricultural waste treatment
or open water dredged spoil
Restriction: None allowed
(b) Activity: Construction o.f multiple boat
docking facilities or discharge of storm
water different from natural runoff
conditions.
Restriction: Allowed if water quality
and existing uses are maintained and
protected and classified uses will be
maintained and protected consistent with
Section C.(l)(a).
(c) Activity: Dumping or disposal of garbage,
cinders, ashes, oils, sludge, or other
refuse. /
Restriction: None allowed.
(d) Activity: Activities or discharge from vaste
treatment facilities impacting waters
upstream or tributary to AA or SAA waters.
Restrictions Allowed if water quality
and existing uses will be maintained and
protected within the AA or SAA waters and
classified uses will be maintained and
protected consistent with Section C (l)(a).
4. During certain times of the year, the quality of
some free flowinir surface waters (including lakes)
,
does
certain
flowing
» — \ — ••»^UUO.HK J.euics> )
not meet numeric standards for dissolved oxygen
S.«& /"* t0- "ftUral conditions> even though
classified uses in these waters are achieved. During
these times, the quality shall be neither cumulatively
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State
Antidegradation Polic
lowered more than 0.10 mg/1 for dissolved oxygen nor
cumulatively raised or lowered more than 0.10 standard
units for pH from impacts by point sources and other
activities, unless a site-specific standard is
established.
South Dakota
41
South; Dakota Water Pollution Lav
Section 34A-2-22. No person may discharge any wastes
into th« waters of the state which reduce the quality
of such waters below the water quality level existing
on March 27, 1973.
Section 34A-2-23. Any action in violation of Sec.
34A-2-21 or Sec. 34A-2-22 is hereby declared a public
nuisance.
Section 34A-2-24. Notwithstanding Sec. 34A-2-22,
discharge of wastes into waters of the state which
reduce the quality of such waters below the water
quality level existing on March 27, 1973 will be
allowed when and if it is affirmatively demonstrated
to- the board and the board finds by a majority vote of
its members, after a public hearing on such request,
that there may be a discharge, which discharge will
not result in the violation of applicable water
standards, which discharge is found justifiable as a
result of necessary economic or-social development.
South Dakota Water Quality Standards
Compliance with criteria of a beneficial use: No
person nay discharge or cause to be discharged into
any lake or stream pollutants which cause the
receiving water to fail to meet the criteria for its
beneficial use or uses. .'
Restrictions where a water has dual classifications:
For waters for which more than one beneficial use is
specified and for which criteria are established for a
parameter that is common to two or more uses, such as
coliform organisms, the more restrictive criterion for
the common parameter applies.
Application of criterion to contiguous water: Where
pollutants are discharged into a segment and the
criteria for that segment's designated beneficial use
are not exceeded, but such waters flow into another
segment whose beneficial use requires a more stringent
parameter criterion, the pollutants may not cause the
more stringent criterion to be exceeded.
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State
Tennessee'
42
Antidegradation Policy
1200-4-3-.06 TENNESSEE ANTIDEGRADATION STATEMENT
(1) The purpose of the Water Quality Standards and
Flans as adopted are to provide for the
protection of existing water quality; and/or
the upgrading or "enhancement of water quality
X u .Y*1*" vi«W» Tennessee; and to protect
the public .health or welfare in accordance with
the public interest". The latest edition of
Quality Criteria for Vater published by the
Environmental Protection Agency pursuant to
"
on
Control Act (Public Lav 92-500) and other
documents as specified by the Commissioner of
the Tennessee Department of Health and
Environment and the Water Quality Control
Board, shall be used as guides in interpreting
the water quality criteria set out in thesf
rules.
(2) The Tennessee Water Quality Standards shall not
be construed as permitting the degradation of
l«l M/^T exls'ln* ^ality is better than the
established standards unless and until it is
Sffi^n ?Jy *em°nStrated to the Tennessee
?^M
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State
Antidegradffition Poli<
including where practicable, a standard
permitting no discharge of pollutants;
necessary to comply vith a State Water Quality
Plan; or necessary to comply vith other State
or Federal lavs or regulations.
(4) In implementing the provisions of these rules
as they relate to interstate streams, the
Commissioner of the Tennessee Department of
Health and Environment and the Tennessee Water
Quality Control Board vill cooperate vith the
appropriate Federal Agency in order to assist
in carrying out responsibilities under the
Federal Water Pollution Act, as amended.
Texas'
.43
(b) Antidegradation policy.
Texas Water Code, $26.003,
commission that:
In accordance vith the
it is the policy of the
(1) Existing uses vill be maintained and protected.
Categories of existing uses are the same as for
designated uses, as defined in §307.7 of this title
(relating to Site-specific Uses and Criteria).
(2) No activities subject to regulatory action which
vould cause significant degradation of vaters
exceeding fishable/svimmable quality vill be allowed
unless it can be shown to the commission's
that the lowering of water quality is
for important economic or social
Significant degradation is defined as a
water quality to more than a de minimis
not to the extent that an existing use is
Fishable/svimmable vaters are defined as
vaters which have quality sufficient to support
propagation of indigenous fish, shellfish, /and
wildlife and recreation in and on the vater.
satisfaction
necessary
development.
lovering of
extent, but
impaired.
(3) Outstanding national resource vaters are defined
as high quality vaters vithin or adjacent to national
parks and vildlife refuges, state parks, vild and
scenic rivers designated by lav, and other designated
areas of exceptional recreational or ecological
significance. The quality of outstanding national
resource vaters vill be maintained and protected.
(4) The commission vill not authorize or approve any
waste discharge that will result in the quality of any
vater being lowered belov vater quality standards
without complying with federal and state laws
applicable to water quality standards amendment.
(5) Anyone
constitute a
discharging wastevater vhich vould
nev source of pollution or an increased
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State
Utah
44
Antidegradation Policy
source of pollution from any industrial, public, or
private project or development vill be required to
provide a level of wastewater treatment consistent
with the provisions of the Texas Water Code and the
Clean Water Act (33 United States Code 1251 et seq.)
As necessary, cost-effective and reasonable best
management practices established through the Texas
vater quality management program shall be achieved for
nonpoint sources of pollution.
(6) Application of antidegradation provisions shall
not preclude the commission from establishing modified
thermal discharge limitations consistent with the
Clean Water Act, S316(a) {33 United States Code 1326).
Maintenance of Water Quality - Waters vhose existing
quality is better than the established standards for
the designated uses vill be maintained at high quality
unless it is determined by the Committee, after
appropriate intergovernmental coordination and public
participation in concert vith the Utah continuing
planning process, that allowing lower water quality is
necessary to accommodate important economic or social
development in the area in which the waters are
located. However, existing instream water uses shall
be maintained and protected. No water quality
degradation is allowable which would interfere with or
become injurious to existing instream water uses.
In those cases where potential water quality
impairment associated with a thermal discharge is
involved, the antidegradation policy and implementing
method shall be consistent with section 316 of Federal
Clean water Act.
Antidegradation Segments - Waters of high quality
which have, been determined by the Committee to be of
exceptional recreational or ecological significance or
have been determined to be a State or National
resource requiring protection shall be maintained at
existing high quality through designation, by the
Committee after public hearing, as antidegradation
segments. New Point source discharges of wastewater
treated or otherwise, are prohibited in such segments
after the effective date of designation. Protection
of such segments from pathogens in diffuse,
underground sources is covered in R448-5 and R448-7
and the Regulations for Individual Wastewater Disposal
Systems (R449-201). Other diffuse sources (nonpoint
sources) of wastes shall be controlled to the extent
feasible through implementation of best management
practices or regulatory programs.
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State
Aatidegradation Policy
Projects such as, but not limited to, construction of
dams or roads vill be considered in antidegradation
segments on a case-by-case basis where pollution vill
result only during the actual construction activity,
and where best management practices will be employed
to minimize pollution effects.
Vaters of the state designated as
segments are listed in Section 2.12.
antidegradation
Venont
A. General Policy - The Board shall establish water
quality classifications in accordance with the
statutory provisions of the Act and in a manner
consistent with Sections 1-02 and 1-03 of these rules.
To the greatest extent possible the classification of
the waters shall identify existing uses, background
conditions, and the • degree of water quality to be
obtained . and maintained. Existing water quality
classifications shall be maintained unless the Board,
after a public hearing, finds that they are contrary
to the public interest except as provided for in 10
V.S.A. §1253(f).
Those waters whose quality meets or exceeds the water
quality criteria specified in sections 3-01, 3-03,
3-05 and 3-06 of these rules and which quality makes
an iaportant contribution to the propagation or
survival of any beneficial species of aquatic biota at
any period in their life history within any of the 17
planning basins identified in Chapter A of these
rules, constitute high quality waters which have
significant ecological value and therefore are
eligible for reclassification to Class A in accordance
with the provisions of 10 V.S.A. §1253(c) and §1253(f).
,*
The aquatic biota shall be considered to have been
significantly altered whenever a discharge or
combination of discharges results in a change in the
number or diversity of aquatic biota that exceeds the
range of natural variation within the receiving waters
where such a change results in a measurable alteration
of the essential biological characteristics of the
receiving waters. The natural variation of aquatic
biota shall be determined by sampling and statistical
protocols established by the Secretary as provided for
in section 2-01(f) of these rules.
The Secretary shall manage the waters of the State in
accordance with the Vater Quality Standards to
protect, maintain and improve water quality in such a
manner that the beneficial values and uses, associated
with their classification are attained.
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State
Antidegradation Policy
In those waters where background conditions result in
an in-stream level of water quality below any
applicable water quality criterion, compliance with
the in-stream condition may be allowed when
specifically authorized by the terms of a permit,
provided that the quality of the receiving waters is
n?t,-,re?Uced* m other vaters» except mixing zones,
shall be managed so that, at a minimum, a level of
water- quality compatible with all beneficial values
and uses associated with the assigned classification
are obtained and maintained.
Existing instream uses and the level of water quality
necessary to protect those existing uses shall be
maintained and protected.
B. Protection of High Quality Waters - For all waters
where the existing quality generally exceeds one or
more of the following applicable water quality
criteria: dissolved oxygen, fecal coliform, color or
turbidity, that high quality shall be maintained and
protected in the public interest to the fullest extent
possible.
1.Consistent with the requirements set forth in
subsection B(2) below, a limited reduction in the
higher quality of such waters may be allowed only.
when it is shown that:
(a) The adverse economic or social impacts on the
people of the state specifically resulting from the
maintenance of the higher quality of the waters are
substantial and widespread, and
(b)Are not warranted by the economic, social and other
benefits to the people of the state resulting from the
maintenance of such a higher level of water quality*
2.Any decision
quality waters
requirements:
(a) Only that
quality waters
to allow a limited reduction in high
shall be consistent with the following
degree of reduction in the higher
which is necessary to comply with the
above criteria, shall be allowed, and
(b)That degree of water quality which is necessary to
maintain and protect all existing uses as well as all
applicable water quality criteria of the receiving
waters shall be maintained.
C. Protection of Outstanding Resource Waters - The
Board may by rule designate certain waters as
Outstanding Resource Waters. Outstanding resource
waters are those Class A or B waters which constitute
an exceptional state or national resource or which
have ' exceptional recreational or ecological
significance. The existing high quality of waters so
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State
Antidegradation Policy
designated by the Board shall be protected and
maintained.
Virginia
A. High Quality ¥aters - Waters whose existing quality
is better than the established standards as of the
date on which such standards become effective will be
maintained at high quality; provided that the Board
(State Water Control Board) has the power to authorize
any project or development, which would constitute a
new or an increased discharge of effluent to high
quality water, when it has been affirmatively
deaonstrated that a change is justifiable to provide
necessary economic or social development; and
provided, further, that the necessary degree of waste
treatment to maintain high water quality will be
required where physically and economically feasible.
Present and anticipated use of such waters will be
preserved and protected.
Guidelines for implementation - Existing instrearn
beneficial water uses will be maintained and
protected, and actions that would interfere with or
become injurious to existing uses should not be
undertaken.
In considering whether a possible change is
justifiable to provide necessary economic or social
development, the Board, will provide notice and
opportunity for a public hearing so that interested
persons will have an opportunity to present
information.
Upon a finding that such change is justifiable, the
change, nevertheless, must not result in violation/ of
those water quality characteristics necessary to
attain the national water quality goal of protection
and propagation of fish, shellfish, and wildlife, and
recreation in and on the water. Further, if a change
is considered justifiable, it must not result in any
significant loss of marketability of fish, shellfish,
or other marine resources, and all practical measures
should be taken to eliminate or minimize the impact on
water quality.
When degradation or lower water quality is allowed,
the owner shall nevertheless employ all cost-effective
and reasonable best management practices for nonpoint
source control. (Based on Section 131.12(a)(2) of
EPA's Water Quality Standards Regulation.)
Any determinations concerning thermal discharge
limitations under Section 316(a) of the Federal Water
Pollution Control Act will be considered to be in
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State
Antidegradation Policy
compliance vith the anti-degradation policy.
B. Higa Quality State Resource Waters - Where high
quality waters constitute an outstanding resource,
such as vaters of national and state parks and
wildlife refuges and waters of exceptional
recreational or ecological significance, that water
quality shall be maintained and protected to prevent
permanent or long-term degradation or impairment of
beneficial uses of the water. When proposing a
designation of any waters as outstanding resource
vmters, under this section, the Board shall convene a
public hearing to receive data, views, and argument on
the proposal. (Based on Section 131.12(a)(3) of EPA's
Water Quality Standards Regulations, effective
December 8, 1983.)
Washington
47
The antidegradation policy of the state of Washington,
as generally guided by chapter 90.48 RCW, Water
Pollution Control Act, and chapter 90.54 RCW, Water
Resources Act of 1971, is stated as follows:
(a) Existing beneficial uses shall be maintained and
protected and no further degradation which would
interfere with or become injurious to existing
beneficial uses will be allowed.
(b) No degradation will be allowed of waters lying in
national parks, national recreation areas,
national wildlife refuges, national scenic
rivers, and other areas of national ecological
importance.
(c) Whenever waters are of a higher quality than--the
criteria assigned for said waters, the existing
water quality shall be protected and waste and
other materials and substances shall not be
allowed to enter such waters which will reduce
the existing quality thereof, except, in those
instances where:
(i) It is clear that overriding considerations
of the public interest will be served, and
(ii) All wastes and other materials and
substances proposed for discharge into the
said waters shall be provided with all
known, available, and reasonable methods of
treatment before discharge.
(d) Whenever the natural conditions of said waters
are of a lower quality than the criteria
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State
Antidegraidation Polic
assigned, the natural conditions shall constitute
the water quality criteria.
(e) The criteria established in WAC 173-201-045
through 173-201-085 may be modified for a special
water body on a short-term basis when necessary
to accommodate essential activities, respond to
emergencies, or to otherwise protect the public
interest. Such modification shall be issued in
writing by the director or his designee subject
to such terms and conditions as he may prescribe.
The aquatic application of herbicides which
result in water use restrictions shall be
considered an activity for which a short-term
modification generally may be issued subject to
the following conditions:
(i) A request for a short-term modification
shall be made to the department on forms
supplied by the department. Such request
generally shall be made at least thirty
days prior to herbicide application.
(ii) Such herbicide application shall be in
accordance with state of Washington
department of agriculture regulations.
(iii) Such herbicide application shall be in
accordance with label provisions
promulgated by US EPA under the Federal
Insecticide, Fungicide, and Rodenticide
Act, as amended. (7 U.S.C. 136, et seq.)
(iv) Notice, including identification of the
herbicide, applicator, location where jthe
herbicide will be applied, proposed timing
and method of application, and water use
.restrictions shall be according to the
following requirements:
(a) Appropriate public notice as
determined and prescribed by the
director or his designee shall be given
or any water use restrictions specified
in US EPA label provisions.
(b) The appropriate regional offices of the
departments of fisheries and game shall
be notified twenty-four hours prior to
herbicide application.
(c) In the event of any fish kills, the
departments of ecology, fisheries, and
game shall be notified immediately.
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State
Antidegradation Polls
(v) The herbicide application
. tides so as to:
shall be made at
(a) Minimize public
during weekends.
water use restrictions
(b)
Vest Virginia48
Completely avoid public water use
restrictions during the opening week of
fishing seasons, Memorial Day weekend,
July 4 weekend, and Labor Day weekend.
(vi> Any additional conditions as may be
prescribed by the director or his designee.
(f) In no case, will any degradation of water quality
be allowed if this degradation interferes with or
becomes injurious to existing water uses and
causes long-term and irreparable harm to the
environment.
(g) No waste discharge permit be issued which will
violate established water quality criteria for
o.^ ^f1!* waters» Accept, as provided for under
VAC 173-201-035(8) (e).
4.1 It is tha policy of the State of West Virginia
that instrean water uses shall be maintained and
protected as follows:
4.1. a Existing instream water uses and the level of
water quality necessary to protect the
existing uses shall be maintained and
protected. Waste assimilation and transport
are not recognized as designated uses. The
classification of the waters must take into
consideration the use and value of water for
public water supplies, protection and
propagation of fish, shellfish and wildlife,
recreation in and on the water, agricultural,
industrial and other purposes including
navigation. Subcategories of a use may be
adopted and appropriate criteria set to
reflect varying needs of such subcategories of
uses, for example, to differentiate between
trout water and other waters. (See 4.1.d).
4.1.b At a minimum, uses are deemed attainable if
they can be achieved by the imposition of
effluent limits required under Sections 301 (b)
and 306 of the Federal Clean Water Act and use
of cost-effective and reasonable best
management practices for non-point source
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State
Antidegradation Poli<
control. Seasonal uses may be adopted as an
alternative to reclassifying a water body or
segment thereof to uses requiring less
stringent water quality criteria. If seasonal
uses are adopted, water quality criteria will
be adjusted to reflect the seasonal uses;
however, such criteria shall not preclude the
attainment and maintenance of a more
protective use in another season. A
designated use which is not an existing use
oay be removed, or subcategories of a use may
be established if it can be demonstrated that
attaining the designated use is not feasible
because:
4.1.b.l Application of effluent limitations
for existing sources more stringent
than those required pursuant to
Section 301(b) and Section 306 of the
Federal Act in order to attain the
existing designated use would result
in substantial and widespread adverse
economic and social impact; or
4.1.b.2 Naturally occurring pollutant
concentrations prevent the attainment
of the use; or
4.1.b.3 Natural, ephemeral, intermittent .or
low flow conditions of water levels
prevent the attainment of the use,
unless these conditions may be
compensated for by the discharge of
sufficient volume of effluent
discharges to enable uses to be met;- or
A.l.b.4 Human-caused conditions or sources of
pollution prevent the attainment of
the use and cannot be remedied or
would cause more environmental damage
to correct than to leave in place; or
A.lcb.5 Dams, diversions or other types of
hydrologic modifications preclude the
attainment of the use, and it is not
feasible to restore the water body to
its original condition or to operate
such modification in a way that would
result in the attainment of the use; or
A.l.b.6 Physical conditions related to the
natural features of the water body,
such as the lack of a proper
substrate, cover, flow, depth, pools,
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State
Antidegradation Policy
riffles, and the like, unrelated to
water quality, preclude attainment of
tfj aquatic life protection uses.
A.l.c The State shall take into consideration the
quality of downstream waters and shall assure
that its water quality standards provide for
the attainment of the water quality standards
of downstream waters.
4.1.d la establishing a less restrictive use or
uses, or subcategory of use or uses, and the
water quality criteria based upon such uses,
the Board shall follow the requirements for
revision of water quality standards as
required by V. Va. Code 20-5A-3a and Section
303 of the Federal Act and the regulations
thereunder. Any revision of water quality
standards shall be made with the concurrence
of EPA. The Board's administrative procedural
regulations for applying for less restrictive
uses or criteria shall be followed.
A.l.e With the exception of the provisions of
Section 7.1.a of this series, the existing
trout and other high quality waters of the
State nust be maintained at their existing
aigh quality unless it is determined after
opportunity for public comment and hearing
that allowing lower water quality is necessary
to accommodate important economic or social
development in the area in which the waters
are located. If limited degradation is
allowed, it shall not result in injury or
interference with existing stream water uses
or in violation of State or Federal water
quality criteria that describe the base levels
necessary to sustain the national water
quality goal uses of protection and
propagation of fish, shellfish and wildlife
and recreating in and on the water.
A.l.f The Board and Chief shall assure that all new
and existing point sources shall achieve the
highest established statutory and regulatory
requirements applicable to them and shall
assure the achievement of cost-effective and
reasonable best management practices for
' non-point source control.
A.l.g In all cases, waters which constitute an
.outstanding national resource as designated in
Section 7.3.b shall be maintained and
protected and improved where necessary.
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State
Antidegradation Poli<
4.1.h All applicable requirements of Section 316 (a)
of the Federal Act shall apply to modifica-
tions of the temperature water quality
criteria provided for in these rules.
Wisconsin
49
No waters of the state shall be lowered in quality
unless it has been affirmatively demonstrated to the
department (Visconsin Department of Natural Resources)
that such a change is justified as a result of
necessary economic and social development provided
that no new or increased effluent interferes with or
becomes injurious to any assigned uses made of or
presently possible in such waters.
Wyoming
.50
Point Source discharges to Class 1 waters - No new
point sources, other than dams may discharge and no
existing point source, other than dams, may increase
its quantity of pollution discharge to any water
designated as Class 1.
The Department (Wyoming Department of Environmental
Quality, Water Quality Division) shall impose whatever
controls are necessary on point source discharges,
other than from dans, to tributaries of Class 1
waters. Such .discharges shall not degrade the-quality
of any Class 1 water below its existing quality.
Non-point source discharges of pollution to Class 1
waters or tributaries of Class 1 waters shall be
controlled in the same manner as if the water were not
designated as Class 1 (see Section 13 - Non-Point
Source Pollution Control). Designation of any Wyoming
water as Class 1 shall not be interpreted as requiring
extraordinary measures for the control of present or
future non-point sources of pollution nor the
elimination of present or future water development
projects which are causing or could cause water
quality degradation.
In no case shall any pollution discharge to a Class 1
water be greater than that allowed if the water were
not designated as Class 1.
General Policy - It is the policy of the Department
that those surface waters not designated as Class I,
but whose existing water quality is better than these
standards, shall be maintained within these standards
and existing instream water uses will be maintained.
However, the State of Wyoming shall allow any project
or development which would constitute a new source of
pollution or an increased source of pollution to these
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State
Antidegradation Policy
waters as long as the quality vill not be lowered
below these standards. Any degradation of high
quality waters will be allowed only within the
framework of Wyoming's Continuing Planning Process.
Public Water Supply - All Wyoming surface waters which
are used as public water supplies shall be maintained
at such quality that, after conventional water
treatment, the treated water will meet the most recent
Federal Primary Drinking Water Standards published by
the EPA or its successor agency.
Degradation of such waters shall not be of such an
extent to cause significant increase in raw water
treatment costs to the public water supplier.
Industrial Water Supply - All Wyoming surface waters
which are used for industrial purposes shall be
'maintained at a quality which allows continued use of
such waters for industrial purposes.
Degradation of such waters shall not be of such an
extent to cause significant increase in raw water
costs to the industrial user(s).
Agricultural Water Supply - All Wyoming surface waters
which are used for agricultural purposes shall be
Maintained at a quality which allows continued use of
such waters for agricultural purposes.
Degradation of such waters shall not be of such an
extent to cause significant decrease in crop or
livestock production.
Aaerican Saaoa
51
f
Waters whose existing quality is better than the
established standards will be maintained at their
existing high quality. These and other waters of the
Territory will not be lowered in quality unless it has
been affirmatively demonstrated to the Environmental
Quality Commission and the U.S. Environmental
Protection Agency (EPA) that such change is
justifiable as a result of necessary economic or
social development and will not interfere with or
become injurious to any assigned uses made, or
presently possible, in such waters. Any public or
private development which would constitute a new
source of pollution to high quality waters is
required, as part of the initial project design, to
provide the degree of waste treatment necessary to
protect this high quality.
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State
Antidegradation Policy
District of Columbia
52
Guaa
.53
Waters of the District which are of such
characteristics as to be a District or national
resource shall be maintained or restored to the
highest quality achievable above the standards by
designation as an antidegradation segment. New point
source discharges of wastewater, treated or otherwise,
are prohibited in antidegradation segments after the
effective date of designation. Increases in loadings
or new • pollutants from the existing point source
discharges are prohibited in antidegradation segments.
Non-point sources, stom water discharges and combined
sever overflows shall be controlled in conjunction
with Section 4200.3 to the extent feasible through
implementation of best management practices and
regulatory programs. Construction projects such as
roads, bridges and bank stabilization in the waters
of a designated segment which may lead to pollution
will be considered on a case-by-case basis to insure
that there are not long term adverse water quality
effects and no impairment of the designated beneficial
projects shall be subject to intergovernmental
coordination and public participation requirements.
Waters of the District designated as antidegradation
segments are listed in Section 4204.
Waters whose existing quality was better than the
established standards as of April 1968, will be
maintained at the same high quality existing at that
time. . .
Waters whose existing quality is less than the
established standards for their use due to the
presence of substances, conditions, or combinations
thereof, attributable to domestic, commercial ..and
industrial discharges or agricultural, construction
and other land use practices, shall be improved to
comply with the established standards. However, in
such cases where the natural conditions are of lower
quality than criteria assigned, the natural conditions
shall constitute the water quality criteria. Water
quality criteria in boundary areas shall be
established so that the most stringent standard
applies. When more than one set of Water Quality
criteria apply, including overlap of category
designation or at a boundary water between two
categories, the more stringent Water Quality Standards
shall apply.
Waters will not be lowered in quality unless and until
it has been affirmatively demonstrated to the
Administrator of the Guam Environmental Protection
Agency that such a change is justifiable as a result
of necessary social, environmental, or economic
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State
Antidegradation Poll<
N. Marianas Islands
.54
development, and that such development will not
interfere with or become injurious to any uses made
of, or potentially possible in, such waters. Any
industrial, public or private project or development
will require, as part of the initial project design,
provision for the pollutant removal or control
technology necessary to protect the designated use of
receiving waters or maintain the existing high quality
of the receiving waters.
The purpose of these Water Quality Standards is to
prevent degradation of vater resources resulting from
pollution sources. It is not the intent of these
standards to restrict activities which may cause
pollution but rather to regulate such activities or
practices that may cause a water resource to be
degraded.
Waters whose existing quality is better than the
standards set forth by these regulations, shall be
maintained at that high quality.
Waters whose existing quality is less than the
standards set forth in these regulations, shall be
improved to comply with these standards.
No nev point source of pollution shall discharge to
near shore water and no waters of the Commonwealth
shall be lowered in overall quality unless it has been
affirmatively demonstrated to the Department or its
designated representative that such discharge or
overall quality is a necessary result of
economic, environmental, or social
, and is in the best interests of -the
the Commonwealth and will not interfere or
beneficial use assigned to the water(s) in
Determination made under this policy shall
provide for public participation and intergovernmental
coordination.
change in
important
development,
people of
impair any
question.
No new source of pollution shall discharge into fresh
surface water.
There shall be no direct or indirect discharge of
sewage or other waste matter into any planned or
existing ground or surface source of drinking water.
All sewage, wastewater, and any other matter shall
receive a degree of treatment necessary to protect the
beneficial uses of the state waters before discharging
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State
Puerto Rico
55
Antidegradation Policy
Waters, whose existing quality as of the effective
'date of these Regulations, is better than the
standards established herein vill be maintained at
such quality. These and other waters of the
Commonwealth will not be lowered in quality unless it
has been affirmatively demonstrated to the Board
(Environmental Quality Board) that such a change is
justified as a result of necessary economic or social
development and will not interfere or become injurious
to any assigned uses made of, or presently possible
in, such waters. This will require that any
industrial, public or private project, or development
which would constitute a new source of pollution, or a
modified source of pollution, to a high quality water
body, possess as a part of the initial project design
the best practicable control technology currently
available. This decision of the Board shall be
preceded by adequate public notice.
Trust Territory
56
Waters whose existing quality is better than the
quality specified by these standards shall be
maintained at the higher quality.
Waters whose existing quality is less than the quality
specified by these standards shall be improved to
comply with these standards.
No waters of the Territory shall be lowered in overall
quality unless it has been affirmatively demonstrated
to the Trust Territory Environmental Protection Board
or its authorized agent that such a change is a
necessary result of economic or social development, is
in the best interest of the people or the trust
territory and will not permanently impair :-any
beneficial use assigned to the waters in question.
Determinations made under this policy shall be made
after full opportunity for public participation and
intergovernmental coordination.
Virgin Islands
57
Waters whose existing quality is better than the
established standards as of the date on which such
standards become effective will be maintained at their
existing high quality. The quality of these and other
waters of the United States Virgin Islands shall be
maintained and protected unless the Territory's water
pollution control agency and the Environmental
Protection Agency find, after full satisfaction of the
intergovernmental . coordination and public
participation provisions and the Territory's
continuing planning process, that allowing lover water
quality is justifiable as a result of necessary
economic or social development and will not interfere
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State
Atttidcgradation Policy
with or become injurious to any assigned uses made of,
or presently possible in such waters. Further, the
territory's water pollution control agency and the
Environmental/ Protection Agency shall assure that
there is achieved the highest statutory and regulatory
requirements for all new and existing point sources
and cost-effective and reasonable best management
practice for nonpoint source control.
Where high quality waters constitute an outstanding
Nation*! resource; such as waters of National and
State parks and wildlife refuges and waters of
«ec«ptional recreation or ecological significance,
that water quality shall be maintained and protected.
In those eases where potential water quality
impairment associated with a thermal discharge, is
involved, the antidegradation policy and implementing
method shall be consistent with section 316 of the
Clean Water Act.
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